Terms Used In Utah Code 53-11-102 v2

• Applicant: means a person who has submitted to the department a completed application and all required application and processing fees. See Utah Code 53-11-102
• 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.
• Bail enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
       (3)(a) is appointed by a bail bond surety; and
       (3)(b) receives or is promised money or other things of value for this service. See Utah Code 53-11-102
• Bail recovery agent: means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
       (4)(a) presenting a defendant for required court appearances;
       (4)(b) apprehending or surrendering a defendant to a court; or
       (4)(c) keeping the defendant under necessary surveillance. See Utah Code 53-11-102
• Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who:
       (5)(a) has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
       (5)(b) is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 53-11-102
• Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102
• Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-11-102
• Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102
• Contract: A legal written agreement that becomes binding when signed.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 53-11-102
• Direct supervision: means a bail enforcement agent employing or contracting with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that bail enforcement agent who:
       (12)(a) takes responsibility for and assigns the work a bail recovery apprentice may conduct; and
       (12)(b) closely supervises, within close physical proximity, and provides direction and guidance to the bail recovery apprentice regarding the assigned work. See Utah Code 53-11-102
• 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.
• Fraud: Intentional deception resulting in injury to another.
• independent contractor: means a person who works for an agency as an independent contractor. See Utah Code 53-11-102
• 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.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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
• Supervision: means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee. See Utah Code 53-11-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.