78B-7-807.  Notice to victims.

(1) 

criminal case

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Terms Used In Utah Code 78B-7-807

  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means the district court or juvenile court. See Utah Code 78B-7-201
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
  • law enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Protective order: means :
(a) a child protective order; or
(b) an ex parte child protective order. See Utah Code 78B-7-201
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  The court shall provide the victim with a certified copy of any pretrial protective order that has been issued if the victim can be located with reasonable effort.

    (b)  If the court is unable to locate the victim, the court shall provide the victim’s certified copy to the prosecutor.

    (c)  A sentencing protective order or continuous protective order issued under this part shall be in writing, and the prosecutor shall provide a certified copy of that order to the victim.

    (2) 

    (a)  Adult Probation and Parole, or another provider, shall immediately report to the court and notify the victim of any violation of any sentencing protective order issued under this part.

    (b)  Notification of the victim under Subsection (2)(a) shall consist of a good faith reasonable effort to provide prompt notification, including mailing a copy of the notification to the last-known address of the victim.

    (3) 

    (a)  Before release of an individual who is subject to a continuous protective order issued under this part, the victim shall receive notice of the imminent release by the law enforcement agency that is releasing the individual who is subject to the continuous protective order:

    (i)  if the victim has provided the law enforcement agency contact information; and

    (ii)  in accordance with Section 64-13-14.7, if applicable.

    (b)  Before release, the law enforcement agency shall notify in writing the individual being released that a violation of the continuous protective order issued at the time of conviction or sentencing continues to apply, and that a violation of the continuous protective order is punishable as described in Section 78B-7-806.

    (4)  The court shall transmit a dismissal, termination, and expiration of a pretrial protective order, sentencing protective order, or a continuous protective order to the statewide domestic violence network described in Section 78B-7-113.

    Enacted by Chapter 142, 2020 General Session

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