77-18-102. Definitions.

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

Effective 9/1/2025

As used in this chapter:

(1)"Assessment" means the same as the term "risk and needs assessment" in Section 77-1-3 .

(2)"Board" means the Board of Pardons and Parole.

(3)"Civil accounts receivable" means the same as that term is defined in Section 77-32b-102 .

(4)"Civil judgment of restitution" means the same as that term is defined in Section 77-32b-102 .

(5)"Convicted" means the same as that term is defined in Section 76-3-201 .

(6)"Criminal accounts receivable" means the same as that term is defined in Section 77-32b-102 .

(7)"Default" means the same as that term is defined in Section 77-32b-102 .

(8)"Delinquent" means the same as that term is defined in Section 77-32b-102 .

(9)"Department" means the Department of Corrections created in Section 64-13-2 .

(10)"Division" means the Division of Adult Probation and Parole created in Section 64-14-202 .

(11)"Habitual offender" means an individual who:

(i)has been convicted in at least five previous cases for one or more felony offenses in each case; and

(ii)the conviction for each case referred to in Subsection (11)(a)(i) occurred within the five-year period immediately preceding the day on which the defendant is convicted of the new felony offense before the court;

(i)has been charged with one or more felony offenses in at least nine separate cases; and

(ii)a felony charge in each case referred to in Subsection (11)(b)(i) was issued within the five-year period immediately preceding the day on which the defendant is convicted of the new felony offense before the court;

(i)has been convicted in at least nine previous cases for one or more misdemeanor offenses in each case; and

(ii)the conviction for each case referred to in Subsection (11)(b)(i) occurred within the three-year period immediately preceding the day on which the defendant is convicted of a new misdemeanor or felony offense before the court; or

(i)has been charged with one or more misdemeanor offenses in at least 19 separate cases; and

(ii)a misdemeanor charge in each case referred to in Subsection (11)(d)(i) was issued within the three-year period immediately preceding the day on which the defendant is convicted of the new misdemeanor or felony offense before the court.

(12)"Payment schedule" means the same as that term is defined in Section 77-32b-102 .

(13)"Restitution" means the same as that term is defined in Section 77-38b-102 .

(14)"Screening" means a tool or questionnaire that is designed to determine whether an individual needs further assessment or any additional resource or referral for treatment.

(15)"Substance use disorder treatment" means treatment obtained through a substance use disorder program that is licensed by the Office of Licensing within the Department of Health and Human Services.

Amended by Chapter 243 , 2025 General Session