75E-2-205. Prosecutorial data collection -- Policy transparency.

655 words·~3 min read·/ut/title-75e/chapter-2/75e-2-205·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

(1)As used in this section:

(i)"Criminal case" means a case in which an offender is charged with an offense that requires a mandatory court appearance under the Uniform Bail Schedule.

(ii)"Criminal case" does not mean a case for criminal non-support under Section 76-7-201 or any proceeding involving collection or payment of child support, medical support, or child care expenses by or on behalf of the Office of Recovery Services under Section 26B-9-108 or 76-7-202 .

(b)"Offense tracking number" means a distinct number applied to each criminal offense by the Bureau of Criminal Identification.

(c)"Pre-filing diversion" means an agreement between a prosecuting attorney and an individual prior to being charged with a crime, before an information or indictment is filed, in which the individual is diverted from the traditional criminal justice system into a program of supervision and supportive services in the community.

(d)"Post-filing diversion" is as described in Section 77-2-5 .

(e)"Prosecutorial agency" means:

(i)the Office of the Attorney General; or

(ii)a city, county, or district attorney acting as a public prosecuting attorney.

(f)"Publish" means to make aggregated data available to the general public.

(2)Each prosecutorial agency within the state shall submit to the department the following data with regards to each criminal case referred to the prosecutorial agency from a law enforcement agency:

(a)the defendant's:

(i)full name;

(ii)offense tracking number;

(iii)date of birth; and

(iv)zip code;

(b)referring agency;

(c)whether the prosecutorial agency filed charges, declined charges, initiated a pre-filing diversion, or asked the referring agency for additional information;

(d)if charges were filed, the case number and the court in which the charges were filed;

(e)all charges brought against the defendant;

(f)if applicable, all enhancements to the charges against the defendant;

(g)whether bail was requested and, if so, the requested amount;

(h)the date of initial discovery disclosure;

(i)whether post-filing diversion was offered and, if so, whether post-filing diversion was entered;

(j)if post-filing diversion or other plea agreement was accepted, the date entered by the court; and

(k)the date of conviction, acquittal, plea agreement, dismissal, or other disposition of the case.

(a)A prosecutorial agency shall submit the information required by Subsection

(2), including information that was missing or incomplete at the time of an earlier submission but is presently available, within 90 days of the last day of March, June, September, and December of each year for the previous 90-day period in the form and manner selected by the department.

(b)If the last day of the month is a Saturday, Sunday, or state holiday, the information shall be submitted on the next working day.

(4)The prosecutorial agency shall maintain a record of all information collected and transmitted to the department for 10 years.

(5)The department shall include in the plan required by Subsection 75E-2-202(8) an analysis of the data received, comparing and contrasting the practices and trends among and between prosecutorial agencies in the state.

(6)The department may provide assistance to prosecutorial agencies in setting up a method of collecting and reporting data required by this section.

(a)Each prosecutorial agency shall publish online specific office policies on the following topics:

(i)screening and filing criminal charges;

(ii)plea bargains;

(iii)sentencing recommendations;

(iv)discovery practices;

(v)prosecution of juveniles, including whether to prosecute a juvenile as an adult;

(vi)collection of fines and fees;

(vii)criminal and civil asset forfeiture practices;

(viii)services available to victims of crime, both internal to the prosecutorial office and by referral to outside agencies;

(ix)diversion programs; and

(x)restorative justice programs.

(b)A prosecutorial agency shall affirmatively disclose if the agency does not maintain a policy on a topic described in Subsection (7)(a) .

Renumbered and Amended by Chapter 291 , 2026 General Session