78A-5-310. Modification or termination.
| (1) |
Terms Used In Utah Code 78A-5-310- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a veteran charged with a criminal offense. See Utah Code 78A-5-302
- Participant agreement: includes a modification under Section 78A-5-310. See Utah Code 78A-5-302
- Veterans treatment court: means a veterans treatment court program administered under this part by a court of this state. See Utah Code 78A-5-302
| (a) |
If a prosecutor finds that a defendant has failed to comply with the defendant‘s participant agreement, the prosecutor may notify the veterans treatment court and the defendant of the defendant’s failure to comply with the participant agreement. |
| (b) |
Any notice by a prosecutor under Subsection (1)(a) shall include specific allegations of the defendant’s non-compliant conduct with the participant agreement. |
|
| (2) |
Upon notice under Subsection (1), or upon any other notice that the defendant has failed to comply with the defendant’s participant agreement, the veterans treatment court shall hold a hearing, after giving notice to all parties, on the defendant’s failure to comply with the participant agreement. |
| (3) |
At the hearing described in Subsection (2), the veterans treatment court shall:
| (a) |
review the defendant’s conduct under the participant agreement; and |
| (b) |
hear recommendations from all parties in order to determine whether the defendant’s participation in the veterans treatment court should be modified or terminated. |
|
| (4) |
After notice and a hearing is provided in accordance with this section, the veterans treatment court may modify or terminate a defendant’s participation in a veterans treatment court. |
Enacted by Chapter 62, 2020 General Session
