Effective 10/1/2023
78A-2-109.5. Court data collection and reporting.
| (1) |
As used in this section, “commission” means the Commission on Criminal and Juvenile Justice created in Section 63M-7-201. |
Terms Used In Utah Code 78A-2-109.5 v2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (2) |
The Administrative Office of the Courts shall submit the following information to the commission for each criminal case filed with the court:
| (b) |
the defendant‘s:
| (ii) |
offense tracking number; and |
|
| (d) |
initial appearance date; |
| (e) |
bail amount set by the court, if any; |
| (f) |
whether the defendant was represented by a public defender, private counsel, or pro se; and |
| (g) |
final disposition of the charges. |
|
| (3) |
| (a) |
The Administrative Office of the Courts shall submit the information described in Subsection (2) to the commission on the 15th day of July and January of each year for the previous six-month period ending the last day of June and December of each year 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 Administrative Office of the Courts shall submit the information described in Subsection (2) to the commission on the next working day. |
|
| (4) |
Before July 1 of each year, the Administrative Office of the Courts shall submit the following data on cases involving individuals charged with class A misdemeanors and felonies, broken down by judicial district, to the commission for each preceding calendar year:
| (a) |
the number of cases in which a preliminary hearing is set and placed on the court calendar; |
| (b) |
the median and range of the number of times that a preliminary hearing is continued in cases in which a preliminary hearing is set and placed on the court calendar; |
| (c) |
the number of cases, and the average time to disposition for those cases, in which only written statements from witnesses are submitted as probable cause at the preliminary hearing; |
| (d) |
the number of cases, and the average time to disposition for those cases, in which written statements and witness testimony are submitted as probable cause at the preliminary hearing; |
| (e) |
the number of cases, and the average time to disposition for those cases, in which only witness testimony is submitted as probable cause at the preliminary hearing; and |
| (f) |
the number of cases in which a preliminary hearing is held and the defendant is bound over for trial. |
|
| (5) |
The commission shall include the data collected under Subsection (4) in the commission’s annual report described in Section 63M-7-205. |
Amended by Chapter 441, 2023 General Session
