63M-7-216.  Prosecutorial data collection — Policy transparency.

(1)  As used in this section:

criminal case

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Terms Used In Utah Code 63M-7-216

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
(a)  “Commission” means the Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

(b) 

(i)  “Criminal case” means a case where an offender is charged with an offense for which a mandatory court appearance is required under the Uniform Bail Schedule.

(ii)  “Criminal case” does not mean a case for criminal non-support under Section 76-7-201 or any proceeding involving collection or payment of child support, medical support, or child care expenses by or on behalf of the Office of Recovery Services under Section 26B-9-108 or 76-7-202.

(c)  “Offense tracking number” means a distinct number applied to each criminal offense by the Bureau of Criminal Identification.

(d)  “Pre-filing diversion” means an agreement between a prosecutor and an individual prior to being charged with a crime, before an information or indictment is filed, in which the individual is diverted from the traditional criminal justice system into a program of supervision and supportive services in the community.

(e)  “Post-filing diversion” is as described in Section 77-2-5.

(f)  “Prosecutorial agency” means the Office of the Attorney General and any city, county, or district attorney acting as a public prosecutor.

(g)  “Publish” means to make aggregated data available to the general public.

(2)  Beginning July 1, 2021, all prosecutorial agencies within the state shall submit the following data with regards to each criminal case referred to it from a law enforcement agency to the commission for compilation and analysis:

(a)  the defendant‘s:

(i)  full name;

(ii)  offense tracking number;

(iii)  date of birth; and

(iv)  zip code;

(b)  referring agency;

(c)  whether the prosecutorial agency filed charges, declined charges, initiated a pre-filing diversion, or asked the referring agency for additional information;

(d)  if charges were filed, the case number and the court in which the charges were filed;

(e)  all charges brought against the defendant;

(f)  whether bail was requested and, if so, the requested amount;

(g)  the date of initial discovery disclosure;

(h)  whether post-filing diversion was offered and, if so, whether it was entered;

(i)  if post-filing diversion or other plea agreement was accepted, the date entered by the court; and

(j)  the date of conviction, acquittal, plea agreement, dismissal, or other disposition of the case.

(3) 

(a)  The information required by Subsection (2), including information that was missing or incomplete at the time of an earlier submission but is presently available, shall be submitted within 90 days of the last day of March, June, September, and December of each year for the previous 90-day period in the form and manner selected by the commission.

(b)  If the last day of the month is a Saturday, Sunday, or state holiday, the information shall be submitted on the next working day.

(4)  The prosecutorial agency shall maintain a record of all information collected and transmitted to the commission for 10 years.

(5)  The commission shall include in the plan required by Subsection 63M-7-204(1)(k) an analysis of the data received, comparing and contrasting the practices and trends among and between prosecutorial agencies in the state. The Law Enforcement and Criminal Justice Interim Committee may request an in-depth analysis of the data received annually. Any request shall be in writing and specify which data points the report shall focus on.

(6)  The commission may provide assistance to prosecutorial agencies in setting up a method of collecting and reporting data required by this section.

(7)  Beginning January 1, 2021, all prosecutorial agencies shall publish specific office policies. If the agency does not maintain a policy on a topic in this subsection, the agency shall affirmatively disclose that fact. Policies shall be published online on the following topics:

(a)  screening and filing criminal charges;

(b)  plea bargains;

(c)  sentencing recommendations;

(d)  discovery practices;

(e)  prosecution of juveniles, including whether to prosecute a juvenile as an adult;

(f)  collection of fines and fees;

(g)  criminal and civil asset forfeiture practices;

(h)  services available to victims of crime, both internal to the prosecutorial office and by referral to outside agencies;

(i)  diversion programs; and

(j)  restorative justice programs.

(8) 

(a)  A prosecutorial agency not in compliance with this section by July 1, 2022, in accordance with the commission’s guidelines may not receive grants or other funding intended to assist with bringing the agency into compliance with this section. In addition, any funds received for the purpose of bringing the agency into compliance with this section shall be returned to the source of the funding.

(b)  Only funding received from the commission by a prosecutorial agency specifically intended to assist the agency with compliance with this section may be recalled.

Amended by Chapter 330, 2023 General Session

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