Utah Code 78B-7-802. Conditions for release after arrest for domestic violence and other offenses — Jail release agreements — Jail release court orders
Current as of: 2024 | Check for updates
|
Other versions
(1) Upon arrest or issuance of a citation for a qualifying offense and before the individual is released under Section 77-20-204 or 77-20-205, the individual may not telephone, contact, or otherwise communicate with the alleged victim, directly or indirectly.
Terms Used In Utah Code 78B-7-802
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- Jail release agreement: includes a written agreement that includes the conditions described in Section (1)(a) entered into by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201. See Utah Code 78B-7-801
- Jail release court order: means a written court order that:
(2)(a) orders an arrested or cited individual not to engage in any of the following:(2)(a)(i) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;(2)(a)(ii) threatening or harassing the alleged victim; or(2)(a)(iii) knowingly entering onto the premises of the alleged victim's residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer's employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual's personal belongings; and(2)(b) specifies other conditions of release from jail. See Utah Code 78B-7-801- 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 agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102
- Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Protective order: means :
(5)(a) a child protective order; or(5)(b) an ex parte child protective order. See Utah Code 78B-7-201- Qualifying offense: means :
(5)(a) domestic violence;(5)(b) an offense against a child or vulnerable adult; or(5)(c) the commission or attempted commission of an offense described in Section Utah Code 78B-7-801- Summons: Another word for subpoena used by the criminal justice system.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2)(2)(a) After an individual is arrested or issued a citation for a qualifying offense, the individual may not be released before:(2)(a)(i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or(2)(a)(ii) the individual signs a jail release agreement.(2)(b) If an arrested individual is booked into jail, the arresting officer shall ensure that the information presented to the magistrate includes whether the alleged victim has made a waiver described in Subsection (5)(a).(2)(c) If the magistrate determines there is probable cause to support the charge or charges of one or more qualifying offenses , the magistrate shall issue a temporary pretrial status order, as defined in Section 77-20-102, in accordance with Section 77-20-205.(2)(d) The magistrate may not release an individual arrested for a qualifying offense unless the magistrate issues a jail release court order or the arrested individual signs a jail release agreement.(3)(3)(a) If an individual charged with a qualifying offense fails to either schedule an initial appearance or to appear at the time scheduled by the magistrate within 96 hours after the time of arrest, the individual shall comply with the release conditions of a jail release agreement or jail release court order until the individual makes an initial appearance.(3)(b) If the prosecutor has not filed charges against an individual who was arrested for a qualifying offense and who appears in court at the time scheduled by the magistrate under Subsection (2), or by the court under Subsection (3)(b)(ii), the court:(3)(b)(i) may, upon the motion of the prosecutor and after allowing the individual an opportunity to be heard on the motion, extend the release conditions described in the jail release court order or the jail release agreement by no more than three court days; and(3)(b)(ii) if the court grants the motion described in Subsection (3)(b)(i), shall order the arrested individual to appear at a time scheduled before the end of the granted extension.(3)(c)(3)(c)(i) If the prosecutor determines that there is insufficient evidence to file charges before an initial appearance scheduled under Subsection (3)(a), the prosecutor shall transmit a notice of declination to either the magistrate who signed the jail release court order or, if the releasing agency obtains a jail release agreement from the released arrestee, to the statewide domestic violence network described in Section 78B-7-113.(3)(c)(ii) A prosecutor’s notice of declination transmitted under this Subsection (3)(c) is considered a motion to dismiss a jail release court order and a notice of expiration of a jail release agreement.(4) Except as provided in Subsections (3) and (11) or otherwise ordered by a court, a jail release agreement or jail release court order expires at midnight after the earlier of:(4)(a) the arrested or cited individual’s initial scheduled court appearance described in Subsection (3)(a);(4)(b) the day on which the prosecutor transmits the notice of the declination under Subsection (3)(c); or(4)(c) 30 days after the day on which the individual is arrested or issued a citation.(5)(5)(a)(5)(a)(i) After an individual is arrested or issued a citation for a qualifying offense, an alleged victim who is not a minor may waive in writing any condition of a jail release agreement by:(5)(a)(i)(A) appearing in person to the law enforcement agency that arrested the individual or issued the citation to the individual for the qualifying offense;(5)(a)(i)(B) appearing in person to the jail or correctional facility that released the arrested individual from custody; or(5)(a)(i)(C) appearing in person to the clerk at the court of the jurisdiction where the charges are filed.(5)(a)(ii) An alleged victim who is not a minor may waive in writing the release conditions prohibiting:(5)(a)(ii)(A) telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly; or(5)(a)(ii)(B) knowingly entering on the premises of the alleged victim’s residence or on premises temporarily occupied by the alleged victim.(5)(a)(iii) Except as provided in Subsection (5)(a)(iv), a parent or guardian may waive any condition of a jail release agreement on behalf of an alleged victim who is a minor in the manner described in Subsections (5)(a)(i) and (ii).(5)(a)(iv) A parent or guardian may not, without the approval of the court, waive the release conditions described in Subsection (5)(a)(ii) on behalf of an alleged victim who is a minor, if the alleged victim who is a minor:(5)(a)(iv)(A) allegedly suffers bodily injury as a result of the qualifying offense;(5)(a)(iv)(B) summons or attempts to summon emergency aid for the qualifying offense; or(5)(a)(iv)(C) after the time at which the qualifying offense is allegedly committed and before the time at which the arrested or cited individual signs the jail release agreement, discloses to a law enforcement officer that the arrested or cited individual threatened the alleged victim who is a minor with bodily injury.(5)(a)(v) Upon waiver, the release conditions described in Subsection (5)(a)(ii) do not apply to the arrested or cited individual.(5)(b) A court or magistrate may modify a jail release agreement or a jail release court order in writing or on the record, and only for good cause shown.(6)(6)(a) When an individual is arrested or issued a citation and subsequently released in accordance with Subsection (2), the releasing agency shall:(6)(a)(i) notify the arresting law enforcement agency of the release, conditions of release, and any available information concerning the location of the alleged victim;(6)(a)(ii) make a reasonable effort to notify the alleged victim of the release; and(6)(a)(iii) before releasing the individual who is arrested or issued a citation, give the arrested or cited individual a copy of the jail release agreement or the jail release court order.(6)(b)(6)(b)(i) When an individual arrested or issued a citation for domestic violence is released under this section based on a jail release agreement, the releasing agency shall transmit that information to the statewide domestic violence network described in Section 78B-7-113.(6)(b)(ii) When an individual arrested or issued a citation for domestic violence is released under this section based upon a jail release court order or if a jail release agreement is modified under Subsection (5)(b), the court shall transmit that order to the statewide domestic violence network described in Section 78B-7-113.(6)(c) This Subsection (6) does not create or increase liability of a law enforcement officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.(7) An individual who is arrested for a qualifying offense that is a felony and released in accordance with this section may subsequently be held without bail if there is substantial evidence to support a new felony charge against the individual.(8) At the time an arrest is made or a citation is issued for a qualifying offense , the arresting officer shall provide the alleged victim with written notice containing:(8)(a) the release conditions described in this section, and notice that the alleged perpetrator will not be released, before appearing before the court with jurisdiction over the offense for which the alleged perpetrator was arrested, unless:(8)(a)(i) the alleged perpetrator enters into a jail release agreement to comply with the release conditions; or(8)(a)(ii) the magistrate issues a jail release order that specifies the release conditions;(8)(b) notification of the penalties for violation of any jail release agreement or jail release court order;(8)(c) the address of the appropriate court in the district or county in which the alleged victim resides;(8)(d) the availability and effect of any waiver of the release conditions; and(8)(e) information regarding the availability of and procedures for obtaining civil and criminal protective orders with or without the assistance of an attorney.(9) At the time an arrest is made or a citation is issued for a qualifying offense , the arresting officer shall provide the alleged perpetrator with written notice containing:(9)(a) notification that the alleged perpetrator may not contact the alleged victim before being released, including telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly;(9)(b) the release conditions described in this section and notice that the alleged perpetrator will not be released, before appearing before the court with jurisdiction over the offense for which the alleged perpetrator was arrested, unless:(9)(b)(i) the alleged perpetrator enters into a jail release agreement to comply with the release conditions; or(9)(b)(ii) the magistrate issues a jail release court order;(9)(c) notification of the penalties for violation of any jail release agreement or jail release court order; and(9)(d) notification that the alleged perpetrator is to personally appear in court on the next day the court is open for business after the day of the arrest.(10)(10)(a) A pretrial or sentencing protective order issued under this part supersedes a jail release agreement or jail release court order.(10)(b) If a court dismisses the charges for the qualifying offense that gave rise to a jail release agreement or jail release court order, the court shall dismiss the jail release agreement or jail release court order.(11)(11)(a) This section does not apply if the individual arrested for the qualifying offense is a minor who is under 18 years old, unless the qualifying offense is domestic violence.(11)(b) A jail release agreement signed by, or a jail release court order issued against, a minor expires on the earlier of:(11)(b)(i) the day of the minor’s initial court appearance described in Subsection (3)(a);(11)(b)(ii) the day on which the prosecutor transmits the notice of declination under Subsection (3)(c);(11)(b)(iii) 30 days after the day on which the minor is arrested or issued a citation; or(11)(b)(iv) the day on which the juvenile court terminates jurisdiction.