(1)

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Terms Used In Utah Code 63M-7-102

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 63M-7-101.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Desistance: means an individual's abstinence from further criminal activity after a previous criminal conviction. See Utah Code 63M-7-101.5
  • Intervention: means a program, sanction, supervision, or event that may impact recidivism. See Utah Code 63M-7-101.5
  • Recidivism: means a return to criminal activity after a previous criminal conviction. See Utah Code 63M-7-101.5
  • Recidivism standard metric: means the number of individuals who are returned to prison for a new conviction within the three years after the day on which the individuals were released from prison. See Utah Code 63M-7-101.5
  • Statute: A law passed by a legislature.
     (1)(a) The commission, the Department of Corrections, and the Board of Pardons and Parole, when reporting data on statewide recidivism, shall include data reflecting the recidivism standard metric.
     (1)(b)

          (1)(b)(i) On or before August 1, 2024, the commission shall reevaluate the recidivism standard metric to determine whether new data streams allow for a broader definition, which may include criminal convictions that do not include prison time.
          (1)(b)(ii) On or before November 1, 2024, the commission shall report to the Law Enforcement and Criminal Justice Interim Committee:

               (1)(b)(ii)(A) the result of the reevaluation described in Subsection (1)(b)(i); and
               (1)(b)(ii)(B) other recommendations regarding standardized recidivism metrics.
(2) A report on statewide criminal recidivism may also include other information reflecting available recidivism, intervention, or desistance data.
(3) A criminal justice institution, agency, or entity required to report adult recidivism data to the commission:

     (3)(a) shall include:

          (3)(a)(i) a clear description of the eligible individuals, including:

               (3)(a)(i)(A) the criminal population being evaluated for recidivism; and
               (3)(a)(i)(B) the interventions that are being evaluated;
          (3)(a)(ii) a clear description of the beginning and end of the evaluation period; and
          (3)(a)(iii) a clear description of the events that are considered as a recidivism-triggering event; and
     (3)(b) may include supplementary data including:

          (3)(b)(i) the length of time that elapsed before a recidivism-triggering event described in Subsection (3)(a)(iii) occurred;
          (3)(b)(ii) the severity of a recidivism-triggering event described in Subsection (3)(a)(iii);
          (3)(b)(iii) measures of personal well-being, education, employment, housing, health, family or social support, civic or community engagement, or legal involvement; or
          (3)(b)(iv) other desistance metrics that may capture an individual’s behavior following the individual’s release from an intervention.
(4) Unless otherwise specified in statute:

     (4)(a) the evaluation period described in Subsection (3)(a)(ii) is three years; and
     (4)(b) a recidivism-triggering event under Subsection (3)(a)(iii) shall include:

          (4)(b)(i) an arrest;
          (4)(b)(ii) an admission to prison;
          (4)(b)(iii) a criminal charge; or
          (4)(b)(iv) a criminal conviction.