63M-7-405. Compensation of members — Reports to the Legislature, the courts, and the governor — Collateral consequences guide.
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Terms Used In Utah Code 63M-7-405- Conviction: A judgement of guilt against a criminal defendant.
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- 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.
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
- 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
- Statute: A law passed by a legislature.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
A member who is not a legislator may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses as allowed in:
| (iii) |
rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107. |
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| (b) |
Compensation and expenses of a member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses. |
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| (2) |
| (a) |
The commission shall submit to the Legislature, the courts, and the governor at least 60 days before the annual general session of the Legislature the commission’s reports and recommendations for sentencing guidelines and supervision length guidelines and amendments. |
| (b) |
The commission shall use existing data and resources from state criminal justice agencies. |
| (c) |
The commission may employ professional assistance and other staff members as it considers necessary or desirable. |
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| (3) |
The commission shall assist and respond to questions from all three branches of government, but is part of the Commission on Criminal and Juvenile Justice for coordination on criminal and juvenile justice issues, budget, and administrative support. |
| (4) |
| (a) |
As used in this Subsection (4), “master offense list” means a document that contains all offenses that exist in statute and each offense’s associated penalty. |
| (b) |
No later than May 1, 2017, the commission shall create a master offense list. |
| (c) |
No later than June 30 of each calendar year, the commission shall:
| (i) |
after the last day of the general legislative session, update the master offense list; and |
| (ii) |
present the updated master offense list to the Law Enforcement and Criminal Justice Interim Committee. |
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| (5) |
As used in Subsection (6):
| (a) |
“Adjudication” means an adjudication, as that term is defined in Section 80-1-102, of an offense under Section 80-6-701. |
| (b) |
“Civil disability” means a legal right or privilege that is revoked as a result of the individual’s conviction or adjudication. |
| (c) |
“Collateral consequence” means:
| (i) |
a discretionary disqualification; or |
| (ii) |
a mandatory sanction. |
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| (d) |
“Conviction” means the same as that term is defined in Section 77-38b-102. |
| (e) |
“Disadvantage” means any legal or regulatory restriction that:
| (i) |
is imposed on an individual as a result of the individual’s conviction or adjudication; and |
| (ii) |
is not a civil disability or a legal penalty. |
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| (f) |
“Discretionary disqualification” means a penalty, a civil disability, or a disadvantage that a court in a civil proceeding, or a federal, state, or local government agency or official, may impose on an individual as a result of the individual’s adjudication or conviction for an offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage. |
| (g) |
“Mandatory sanction” means a penalty, a civil disability, or a disadvantage that:
| (i) |
is imposed on an individual as a result of the individual’s adjudication or conviction for an offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage; and |
| (ii) |
is not included in the judgment for the adjudication or conviction. |
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| (h) |
“Offense” means a felony, a misdemeanor, an infraction, or an adjudication under the laws of this state, another state, or the United States. |
| (i) |
“Penalty” means an administrative, civil, or criminal sanction imposed to punish the individual for the individual’s conviction or adjudication. |
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| (6) |
| (a) |
The commission shall:
| (i) |
identify any provision of state law, including the Utah Constitution, and any administrative rule that imposes a collateral consequence; |
| (ii) |
prepare and compile a guide that contains all the provisions identified in Subsection (6)(a)(i) on or before October 1, 2022; and |
| (iii) |
update the guide described in Subsection (6)(a)(ii) annually. |
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| (b) |
The commission shall state in the guide described in Subsection (6)(a) that:
| (i) |
the guide has not been enacted into law; |
| (ii) |
the guide does not have the force of law; |
| (iii) |
the guide is for informational purposes only; |
| (iv) |
an error or omission in the guide, or in any reference in the guide:
| (A) |
has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition; and |
| (B) |
does not prevent a collateral consequence from being imposed; |
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| (v) |
any laws or regulations for a county, a municipality, another state, or the United States, imposing a collateral consequence are not included in the guide; and |
| (vi) |
the guide does not include any provision of state law or any administrative rule imposing a collateral consequence that is enacted on or after March 31 of each year. |
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| (c) |
The commission shall:
| (i) |
place the statements described in Subsection (6)(b) in a prominent place at the beginning of the guide; and |
| (ii) |
make the guide available to the public on the commission’s website. |
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| (d) |
The commission shall:
| (i) |
present the updated guide described in Subsection (6)(a)(iii) annually to the Law Enforcement and Criminal Justice Interim Committee; and |
| (ii) |
identify and recommend legislation on collateral consequences to the Law Enforcement and Criminal Justice Interim Committee. |
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Amended by Chapter 274, 2022 General Session
