| (1) |
At any time after acceptance of a plea of guilty or no contest but before entry of judgment of conviction and imposition of sentence, the court may, upon motion of both the prosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment of conviction against the defendant nor impose sentence upon the defendant within the time periods contained in Rule 22(a), Utah Rules of Criminal Procedure. |
Terms Used In Utah Code 77-2a-2
- 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.
- 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 in abeyance: means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement. See Utah Code 77-2a-1
- Plea in abeyance agreement: means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance. See Utah Code 77-2a-1
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Writing: includes :Utah Code 68-3-12.5
| (2) |
A defendant shall be represented by counsel during negotiations for a plea in abeyance and at the time of acknowledgment and affirmation of any plea in abeyance agreement unless the defendant knowingly and intelligently waives the defendant’s right to counsel. |
| (3) |
A defendant has the right to be represented by counsel at any court hearing relating to a plea in abeyance agreement. |
| (4) |
| (a) |
Any plea in abeyance agreement entered into between the prosecution and the defendant and approved by the court shall include a full, detailed recitation of the requirements and conditions agreed to by the defendant and the reason for requesting the court to hold the plea in abeyance. |
| (b) |
If the plea is to a felony or any combination of misdemeanors and felonies, the agreement shall be in writing and shall, before acceptance by the court, be executed by the prosecuting attorney, the defendant, and the defendant’s counsel in the presence of the court. |
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| (5) |
| (a) |
Except as provided in Subsection (5)(b), a plea may not be held in abeyance for a period longer than 18 months if the plea is to any class of misdemeanor or longer than three years if the plea is to any degree of felony or to any combination of misdemeanors and felonies. |
| (b) |
| (i) |
For a plea in abeyance agreement that Adult Probation and Parole supervises, the plea may not be held in abeyance for a period longer than the initial term of probation required under the supervision length guidelines described in Section 63M-7-404, if the initial term of probation is shorter than the period required under Subsection (5)(a). |
| (ii) |
Subsection (5)(b)(i) does not:
| (A) |
apply to a plea that is held in abeyance in a drug court created under 2, or a problem solving court approved by the Judicial Council; or |
| (B) |
prohibit court supervision of a plea in abeyance agreement after the day on which the Adult Probation and Parole supervision described in Subsection (5)(b)(i) ends and before the day on which the plea in abeyance agreement ends. |
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| (6) |
Notwithstanding Subsection (5), a plea may be held in abeyance for up to two years if the plea is to any class of misdemeanor and the plea in abeyance agreement includes a condition that the defendant participate in a problem solving court approved by the Judicial Council. |
| (7) |
A plea in abeyance agreement may not be approved unless the defendant, before the court, and any written agreement, knowingly and intelligently waives time for sentencing as designated in Rule 22(a), Utah Rules of Criminal Procedure. |
Amended by Chapter 281, 2020 General Session
