Terms Used In Utah Code > Title 77 > Chapter 27 - Pardons and Parole

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
• Adverse action: means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
       (1)(a) discharge the person;
       (1)(b) threaten the person;
       (1)(c) coerce the person;
       (1)(d) intimidate the person; or
       (1)(e) discriminate against the person, including to discriminate in:

            (1)(e)(i) compensation;

            (1)(e)(ii) terms;

            (1)(e)(iii) conditions;

            (1)(e)(iv) location;

            (1)(e)(v) rights;

            (1)(e)(vi) immunities;

            (1)(e)(vii) promotions; or

            (1)(e)(viii) privileges. See Utah Code 40-2-102
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appearance: means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview. See Utah Code 77-27-1
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
• Case action plan: includes the criminal risk factors as determined by a risk and needs assessment conducted by the department. See Utah Code 77-27-1
• Coal mine: means :
       (2)(a) the following used in extracting coal from its natural deposits in the earth by any means or method:

            (2)(a)(i) the land;

            (2)(a)(ii) a structure;

            (2)(a)(iii) a facility;

            (2)(a)(iv) machinery;

            (2)(a)(v) a tool;

            (2)(a)(vi) equipment;

            (2)(a)(vii) a shaft;

            (2)(a)(viii) a slope;

            (2)(a)(ix) a tunnel;

            (2)(a)(x) an excavation; and

            (2)(a)(xi) other property; and
       (2)(b) the work of preparing extracted coal, including a coal preparation facility. See Utah Code 40-2-102
• Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 40-2-102
• Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
• Commissioner: means the commissioner appointed under Section 34A-1-201. See Utah Code 40-2-102
• Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the Mine Safety Technical Advisory Council created in Section 40-2-203. See Utah Code 40-2-102
• Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Criminal risk factors: means a person's characteristics and behaviors that:
       (7)(a) affect that person's risk of engaging in criminal behavior; and
       (7)(b) are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior. See Utah Code 77-27-1
• Cross examine: Questioning of a witness by the attorney for the other side.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deliberative process: includes the votes, mental processes, written notes, and recommendations of individual board members and staff. See Utah Code 77-27-1
• Department: means the Department of Corrections. See Utah Code 77-27-1
• Director: means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202. See Utah Code 40-2-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Expiration: means when the maximum sentence has run. See Utah Code 77-27-1
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• full hearing: means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board. See Utah Code 77-27-1
• Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
• 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
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Major coal mine accident: means any of the following at a coal mine located in Utah:
       (7)(a) a mine explosion;
       (7)(b) a mine fire;
       (7)(c) the flooding of a mine;
       (7)(d) a mine collapse; or
       (7)(e) the accidental death of an individual at a mine. See Utah Code 40-2-102
• Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
• Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
• Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
• Mine Safety and Health Administration: means the federal Mine Safety and Health Administration within the United States Department of Labor. See Utah Code 40-2-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
• Office: means the Utah Office of Coal Mine Safety created in Section 40-2-201. See Utah Code 40-2-102
• Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
• Open session: means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means. See Utah Code 77-27-1
• Panel: means members of the board assigned by the chairperson to a particular case. See Utah Code 77-27-1
• Panel: means the Coal Miner Certification Panel created in Section 40-2-204. See Utah Code 40-2-102
• Pardon: means :
       (16)(a) an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction;
       (16)(b) the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and
       (16)(c) the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense. See Utah Code 77-27-1
• Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Probation: means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions. See Utah Code 77-27-1
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• remission: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• respite: means the temporary suspension of the execution of the sentence. See Utah Code 77-27-1
• Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-27-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
• Subpoena: A command to a witness to appear and give testimony.
• Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
• Unsafe condition: means a danger that reasonably could be expected to cause serious harm to a person or property. See Utah Code 40-2-102
• Verdict: The decision of a petit jury or a judge.
• Victim: means :
       (25)(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or
       (25)(b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.