Terms Used In Utah Code > Title 63M > Chapter 7 - Criminal Justice and Substance Abuse

• Accomplice: means an individual who has engaged in criminal conduct as described in Section 76-2-202. See Utah Code 63M-7-502
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
• 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.
• Advocacy services provider: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
• Affected guaranty association: means a guaranty association that is or may become liable for payment of a covered claim. See Utah Code 31A-27a-102
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Application: means a document:

  (a)

  (i)  completed by an applicant to provide information about the risk to be insured; and (ii)  that contains information that is used by the insurer to evaluate risk and decide whether to: (A)  insure the risk under: (I)  the coverage as originally offered; or (II)  a modification of the coverage as originally offered; or (B)  decline to insure the risk; or

  (b)

  used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 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 Arrest: Taking physical custody of a person by lawful authority. Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502 Board: means the Domestic Violence Offender Treatment Board created in Section 63M-7-702. See Utah Code 63M-7-701 Board: means the Sex Offense Management Board created in Section 63M-7-802. See Utah Code 63M-7-801 Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 63M-7-502 Chambers: A judge's office. Child: means an unemancipated individual who is under 18 years old. See Utah Code 63M-7-502 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Claimant: means any of the following claiming reparations under this part: (a)  a victim; (b)  a dependent of a deceased victim; or (c)  an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502 Collateral source: means any source of benefits or advantages for economic loss otherwise reparable under this part that the victim or claimant has received, or that is readily available to the victim from: (a)  the offender; (b)  the insurance of the offender or the victim; (c)  the United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory state-funded programs; (d)  social security, Medicare, and Medicaid; (e)  state-required temporary nonoccupational income replacement insurance or disability income insurance; (f)  workers' compensation; (g)  wage continuation programs of any employer; (h)  proceeds of a contract of insurance payable to the victim for the loss the victim sustained because of the criminally injurious conduct; (i)  a contract providing prepaid hospital and other health care services or benefits for disability; or (j)  veteran's benefits, including veteran's hospitalization benefits. See Utah Code 63M-7-502 Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63M-7-701 Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63M-7-801 Commission: means the Utah Victim Services Commission. See Utah Code 63M-7-901 Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Control: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102 Conviction: A judgement of guilt against a criminal defendant. council: means the Utah Substance Use and Mental Health Advisory Council created in this section. See Utah Code 63M-7-301 Criminal justice system victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502 Criminally injurious conduct: includes a felony violation of Section 76-7-101 and other conduct leading to the psychological injury of an individual resulting from living in a setting that involves a bigamous relationship. See Utah Code 63M-7-502 Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Defense attorney: Represent defendants in criminal matters. Delinquency proceeding: means a: (a)  proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and (b)  summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102 Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-102 Dependent: includes a child of the victim born after the victim's death. See Utah Code 63M-7-502 Dependent: A person dependent for support upon another. Director: means the director of the office. See Utah Code 63M-7-502 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Disposition: means the sentencing or determination of penalty or punishment to be imposed upon an individual: (a)  convicted of a crime; (b)  found delinquent; or (c)  against whom a finding of sufficient facts for conviction or finding of delinquency is made. See Utah Code 63M-7-502 Economic loss: includes economic detriment even if caused by pain and suffering or physical impairment. See Utah Code 63M-7-502 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. Ex officio: Literally, by virtue of one's office. Fiduciary: A trustee, executor, or administrator. Filed: means that a filing is: (i)  submitted to the department as required by and in accordance with applicable statute, rule, or filing order; (ii)  received by the department within the time period provided in applicable statute, rule, or filing order; and (iii)  accompanied by the appropriate fee in accordance with: (A)  Section 31A-3-103; or (B)  rule. See Utah Code 31A-1-301 Filing: when used as a noun, means an item required to be filed with the department including: (a)  a policy; (b)  a rate; (c)  a form; (d)  a document; (e)  a plan; (f)  a manual; (g)  an application; (h)  a report; (i)  a certificate; (j)  an endorsement; (k)  an actuarial certification; (l)  a licensee annual statement; (m)  a licensee renewal application; (n)  an advertisement; (o)  a binder; or (p)  an outline of coverage. See Utah Code 31A-1-301 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. foreign insurer: means an insurer domiciled in another state. See Utah Code 31A-27a-102 Form: means one of the following prepared for general use: (i)  a policy; (ii)  a certificate; (iii)  an application; (iv)  an outline of coverage; or (v)  an endorsement. See Utah Code 31A-1-301 Formal delinquency proceeding: means a rehabilitation or liquidation proceeding. See Utah Code 31A-27a-102 Fraud: Intentional deception resulting in injury to another. Fraudulent claim: means a filed reparations based on material misrepresentation of fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the claimant is not eligible. See Utah Code 63M-7-502 Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 63M-7-502 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Good faith: means honesty in fact and intention, and in regard to 5, also requires the absence of: (a)  information that would lead a reasonable person in the same position to know that the insurer is financially impaired or insolvent; and (b)  knowledge regarding the imminence or pendency of a delinquency proceeding against the insurer. See Utah Code 31A-27a-102 Guaranty association: means : (a)  a mechanism mandated by Chapter 28, Guaranty Associations; or (b)  a similar mechanism in another state that is created for the payment of claims or continuation of policy obligations of a financially impaired or insolvent insurer. See Utah Code 31A-27a-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 insurer: means a person who: (a)  is doing, has done, purports to do, or is licensed to do the business of insurance; (b)  is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or (c)  is included under Section 31A-27a-104. See Utah Code 31A-27a-102 Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Interpersonal violence: includes any attempt, conspiracy, or solicitation of an act described in Subsection (19)(a). See Utah Code 63M-7-502 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. Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 63M-7-502 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Member: means a member of the Utah Victim Services Commission. See Utah Code 63M-7-901 Misconduct: means conduct by the victim that was attributable to the injury or death of the victim as provided by rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Noneconomic detriment: means pain, suffering, inconvenience, physical impairment, and other nonpecuniary damage, except as provided in this part. See Utah Code 63M-7-502 Nongovernment organization victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502 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. Offender: means an individual who has violated Title 76, Utah Criminal Code, through criminally injurious conduct regardless of whether the individual is arrested, prosecuted, or convicted. See Utah Code 63M-7-502 Offense: means a violation of Title 76, Utah Criminal Code. See Utah Code 63M-7-502 Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502 Order: means an order of the commissioner. See Utah Code 31A-1-301 Oversight: Committee review of the activities of a Federal agency or program. 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. Perpetrator: means the individual who actually participated in the criminally injurious conduct. See Utah Code 63M-7-502 Person: means :Utah Code 68-3-12.5 Person: includes : (a)  an individual; (b)  a partnership; (c)  a corporation; (d)  an incorporated or unincorporated association; (e)  a joint stock company; (f)  a trust; (g)  a limited liability company; (h)  a reciprocal; (i)  a syndicate; or (j)  another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 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 agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: Policy: includes all clauses, riders, endorsements, and papers that are a part of a policy. See Utah Code 31A-27a-102 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301 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. receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102 receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102 receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102 Record: when used as a noun, means information or data, in whatever form maintained, including: (a)  a book; (b)  a document; (c)  a paper; (d)  a file; (e)  an application file; (f)  a policyholder list; (g)  policy information; (h)  a claim or claim file; (i)  an account; (j)  a voucher; (k)  a litigation file; (l)  a premium record; (m)  a rate book; (n)  an underwriting manual; (o)  a personnel record; (p)  a financial record; or (q)  other material. See Utah Code 31A-27a-102 Registry: means the registry established in Title 77, Chapter 41, Sex and Kidnap Offender Registry. See Utah Code 63M-7-801 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502 Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502 Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502 Replacement service loss: means expenses reasonably and necessarily incurred in obtaining ordinary and necessary services in lieu of those the injured individual would have performed, not for income but the benefit of the injured individual or the injured individual's dependents if the injured individual had not been injured. See Utah Code 63M-7-502 Representative: means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual. See Utah Code 63M-7-502 Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 63M-7-502 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Secondary victim: means an individual who is traumatically affected by the criminally injurious conduct subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502 Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts Service provider: means an individual or agency who provides a service to a victim for a monetary fee, except attorneys as provided in Section 63M-7-524. See Utah Code 63M-7-502 Sexual assault: means any criminal conduct described in 4. See Utah Code 63M-7-502 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: means a state, district, or territory of the United States. See Utah Code 31A-27a-102 State domestic violence coalition: means the same as that term is defined in 45 C. See Utah Code 63M-7-901 State sexual assault coalition: means the same as that term is defined in 34 U. See Utah Code 63M-7-901 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Strangulation: means any act involving the use of unlawful force or violence that: (a)  impedes breathing or the circulation of blood; and (b)  is likely to produce a loss of consciousness by: (i)  applying pressure to the neck or throat of an individual; or (ii)  obstructing the nose, mouth, or airway of an individual. See Utah Code 63M-7-502 Substantial bodily injury: means the same as that term is defined in Section 76-1-101. See Utah Code 63M-7-502 Summons: Another word for subpoena used by the criminal justice system. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. 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. Tribal coalition: means the same as that term is defined in 34 U. See Utah Code 63M-7-901 unauthorized insurer: means an insurer transacting the business of insurance in this state that has not received a certificate of authority from this state, or some other type of authority that allows for the transaction of the business of insurance in this state. See Utah Code 31A-27a-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Veteran: means an individual who:Utah Code 68-3-12.5 Victim: means an individual who suffers bodily or psychological injury or death as a direct result of: (i)  criminally injurious conduct; or (ii)  the production of pornography in violation of Section 76-5b-201 or 76-5b-201. See Utah Code 63M-7-502 Victim advocate: work with prosecutors and assist the victims of a crime. Victim Services Restricted Account: means the account created in Section 63M-7-219. See Utah Code 63M-7-901 Work loss: means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income, reduced by any income from substitute work the injured victim was capable of performing but unreasonably failed to undertake. See Utah Code 63M-7-502 Writing: includes :Utah Code 68-3-12.5