| (1) |
For purposes of this section:
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Terms Used In Utah Code 77-27-5.3- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
- Conviction: A judgement of guilt against a criminal defendant.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
- Person: means :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.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
“Convicted” means a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental condition, no contest, and conviction of any crime or offense. |
| (b) |
“Prisoner” means a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing. |
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| (2) |
In any case filed in state or federal court in which a prisoner submits a claim that the court finds to be without merit and brought or asserted in bad faith, the Board of Pardons and Parole and any county jail administrator may consider that finding in any early release decisions concerning the prisoner. |
Amended by Chapter 184, 2023 General Session
