Part 1 General Provisions 11-59-101 – 11-59-103
Part 2 Point of the Mountain State Land Authority 11-59-201 – 11-59-204
Part 3 Authority Board 11-59-301 – 11-59-306
Part 4 Authority Budget and Reporting Requirements 11-59-401 – 11-59-404
Part 5 Authority Dissolution 11-59-501

Terms Used In Utah Code > Title 11 > Chapter 59

  • Actual county daily incarceration rate: means the median amount of jail daily incarceration costs based on the data submitted by counties in accordance with Section 64-13e-104(6)(b). See Utah Code 64-13e-102
  • Actual state daily incarceration rate: means the average daily incarceration rate, calculated by the department based on the previous three fiscal years, that reflects the following expenses incurred by the department for housing an inmate:
    (a) executive overhead;
    (b) administrative overhead;
    (c) transportation overhead;
    (d) division overhead; and
    (e) motor pool expenses. See Utah Code 64-13e-102
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Alternative treatment: means :
    (a) evidence-based cognitive behavioral therapy; or
    (b) a certificate-based program provided by a Utah technical college, as defined in Section 53B-26-102. See Utah Code 64-13e-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual inmate jail days: means the total number of state probationary inmates housed in a county jail each day for the preceding fiscal year. See Utah Code 64-13e-102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-59-102
  • Authorized emergency vehicle: includes :
    (a) fire department vehicles;
    (b) police vehicles;
    (c) ambulances; and
    (d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
  • Base percentage: means the population of a county or county zone as a percentage of the state population on June 30, 2023, and June 30 of every fifth subsequent year, determined using:
    (a) the most recent United States decennial or special census; or
    (b) another method used by the United States or state governments. See Utah Code 64-13f-102
  • Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
  • Board: means the authority's board, created in Section 11-59-301. See Utah Code 11-59-102
  • Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
  • Bus: means a motor vehicle:
    (i) designed for carrying more than 15 passengers and used for the transportation of persons; or
    (ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
  • Cap: means the base percentage multiplied by the total number of offenders housed in community correctional centers throughout the state on June 30, 2023, and June 30 of every fifth subsequent year. See Utah Code 64-13f-102
  • CCJJ: means the Utah Commission on Criminal and Juvenile Justice, created in Section 63M-7-201. See Utah Code 64-13e-102
  • Child restraint device: means a child restraint device that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Community correctional center: means the same as that term is defined in Subsection 64-13-1(2). See Utah Code 64-13f-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means a private entity seeking to contract with or currently contracting with the department to establish or operate a private correctional facility. See Utah Code 64-13d-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Correctional services: means those services necessary for the operation of a correctional facility, including the provision of food, clothing, security, programs, and health care. See Utah Code 64-13d-102
  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • County zone: means the eastern zone, northern zone, or western zone. See Utah Code 64-13f-102
  • Crosswalk: means :
    (a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:
    (i) 
    (A) the curbs; or
    (B) in the absence of curbs, from the edges of the traversable roadway; and
    (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
    (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Corrections. See Utah Code 64-13e-102
  • Department: means the Department of Corrections. See Utah Code 64-13f-102
  • Department: means the Department of Public Safety. See Utah Code 41-6a-102
  • Divided highway: means a highway divided into two or more roadways by:
    (a) an unpaved intervening space;
    (b) a physical barrier; or
    (c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102
  • Division: means the Division of Occupational and Professional Licensing created in Section 58-1-103, except as provided in:
    (a) Part 4, State Fire Code Administration Act; and
    (b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
  • Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
  • Division of Finance: means the Division of Finance, created in Section 63A-3-101. See Utah Code 64-13e-102
  • Eastern zone: means , except as provided in Subsection (6)(b), Carbon, Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties. See Utah Code 64-13f-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Explosives: means a chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of causing death or serious bodily injury. See Utah Code 41-6a-102
  • Facility: means a private correctional facility established or operated under a contract with the department. See Utah Code 64-13d-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flammable liquid: means a liquid that has a flashpoint of 100 degrees F. See Utah Code 41-6a-102
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross weight: means the weight of a vehicle without a load plus the weight of any load on the vehicle. See Utah Code 41-6a-102
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Highway: includes :Utah Code 68-3-12.5
  • Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Intersection: means the area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
  • Jail daily incarceration costs: means the following daily costs incurred by a county jail for housing a state probationary inmate on behalf of the department:
    (a) executive overhead;
    (b) administrative overhead;
    (c) transportation overhead;
    (d) division overhead; and
    (e) motor pool expenses. See Utah Code 64-13e-102
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Mass timber: means a structural element of Type IV construction primarily of solid, built-up, panelized or engineered wood products that meet minimum cross section dimensions of Type IV construction. See Utah Code 15A-2a-102
  • Metal tire: means a tire, the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material. See Utah Code 41-6a-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Motor assisted scooter: means a self-propelled device with:
    (i) at least two wheels in contact with the ground;
    (ii) a braking system capable of stopping the unit under typical operating conditions;
    (iii) an electric motor not exceeding 2,000 watts;
    (iv) either:
    (A) handlebars and a deck design for a person to stand while operating the device; or
    (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
    (v) a design for the ability to be propelled by human power alone; and
    (vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
  • Motor vehicle: means a vehicle defined in Section 41-1a-102, except vehicles that are not equipped with safety belts by the manufacturer. See Utah Code 41-6a-1802
  • Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
  • Motorcycle: means :
    (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
    (b) an autocycle. See Utah Code 41-6a-102
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Municipality: means a city, town, or metro township. See Utah Code 65A-1-1
  • New correctional facility: means the state correctional facility being developed in Salt Lake City to replace the state correctional facility in Draper. See Utah Code 11-59-102
  • Northern zone: means , except as provided in Subsection (7)(b), Box Elder, Cache, Morgan, Rich, Summit, and Wasatch counties. See Utah Code 64-13f-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Pole trailer: means a vehicle without motive power:
    (a) designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
    (b) that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections. See Utah Code 41-6a-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
  • real property: includes :Utah Code 68-3-12.5
  • Road: includes :Utah Code 68-3-12.5
  • Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
  • Safety belt: means a safety belt or seat belt system that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
  • Semitrailer: means a vehicle with or without motive power:
    (i) designed for carrying persons or property and for being drawn by a motor vehicle; and
    (ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
  • Solid rubber tire: means a tire of rubber or other resilient material that does not depend on compressed air for the support of the load. See Utah Code 41-6a-102
  • Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1
  • 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
  • State inmate: means an individual, other than a state probationary inmate or state parole inmate, who is committed to the custody of the department. See Utah Code 64-13e-102
  • State lands: means all lands administered by the division. See Utah Code 65A-1-1
  • State parole inmate: means an individual who is:
    (a) on parole, as defined in Section 77-27-1; and
    (b) housed in a county jail for a reason related to the individual's parole. See Utah Code 64-13e-102
  • State probationary inmate: means a felony probationer sentenced to time in a county jail under Subsection 77-18-1(8). See Utah Code 64-13e-102
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Sustained yield: means the achievement and maintenance of high level annual or periodic output of the various renewable resources of land without impairment of the productivity of the land. See Utah Code 65A-1-1
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
  • Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102
  • Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102
  • Treatment program: means :
    (a) an alcohol treatment program;
    (b) a substance abuse treatment program;
    (c) a sex offender treatment program; or
    (d) an alternative treatment program. See Utah Code 64-13e-102
  • Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
  • Truck tractor: means a motor vehicle:
    (a) designed and used primarily for drawing other vehicles; and
    (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor. See Utah Code 41-6a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Urban district: means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more. See Utah Code 41-6a-102
  • Utah Code: means the Utah Code Annotated (1953), as amended. See Utah Code 15A-1-102
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Western zone: means , except as provided in Subsection (9)(b), Beaver, Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, and Wayne counties. See Utah Code 64-13f-102
  • Wildland: means an area where:
    (a) development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and
    (b) structures, if any, are widely scattered. See Utah Code 65A-1-1
  • Wildland fire: means a fire that consumes:
    (a) wildland; or
    (b) wildland-urban interface, as defined in Section 65A-8a-102. See Utah Code 65A-1-1
  • Writing: includes :Utah Code 68-3-12.5
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