77-1-3. Definitions.
201 words·~1 min read·
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Effective 7/1/2021
77-1-3. Definitions.
For the purpose of this act:
(1)"Criminal action" means the proceedings by which a person is charged, accused, and brought to trial for a public offense.
(2)"Indictment" means an accusation in writing presented by a grand jury to the district court charging a person with a public offense.
(3)"Information" means an accusation, in writing, charging a person with a public offense which is presented, signed, and filed in the office of the clerk where the prosecution is commenced in accordance with Section 77-2-2.2 .
(4)"Magistrate" means a justice or judge of a court of record or not of record or a commissioner of such a court appointed in accordance with Section 78A-5-107 , except that the authority of a court commissioner to act as a magistrate shall be limited by rule of the judicial council. The judicial council rules shall not exceed constitutional limitations upon the delegation of judicial authority.
(5)"Risk and needs assessment" means an actuarial tool validated on offenders that determines:
(a)an individual's risk of reoffending; and
(b)the criminal risk factors that, when addressed, reduce the individual's risk of reoffending.
Amended by Chapter 260 , 2021 General Session