Creation, Jurisdiction, and Procedure

Utah Code tit. 78A, ch. 78A-7, pt. 78A-7-P1

in effect

Utah Code § 78A-7-101.1 Definitions for chapter.

78A-7-101.1. Definitions for chapter. As used in this chapter: (1) "Adult high school student" means an individual who: (a) is 18 years old and enrolled in high school at the time of the offense; (b) is under 21 years old at the time of all court proceedings; and (c) committed the offense on school property where the individual is enrolled: (i) when school was in session; or (ii) during a school-sponsored activity, as defined in Section 53G-8-211. (2) "Body of water" includes any stream, river, lake, or reservoir, whether natural or man-made. (3) "Domestic violence offense" means the same as that term is defined in Section 77-36-1. (4) "Minor" means an individual who is 16 or 17 years old. Enacted by Chapter 199, 2024 General Session

Utah Code § 78A-7-101.5 Creation of justice court -- Not of record -- Independent branch of local government -- Classes of justice courts.

78A-7-101.5. Creation of justice court -- Not of record -- Independent branch of local government -- Classes of justice courts. (1) (a) Under Article VIII, Section 1, Utah Constitution, there is created a court not of record known as the justice court. (b) The judges of this court are justice court judges. (2) A justice court is: (a) a court of this state in accordance with Section 78A-1-101; (b) a part of the state judiciary even though the justice court is funded and staffed by a municipality or county; and (c) independent from the other branches of government for a municipality or county. (3) A justice court may not be treated as part of the executive or legislative branches or offices of a municipality or county. (4) A municipality or county may only operate a justice court as authorized by this chapter. (5) Justice courts shall be divided into the following classes: (a) Class I: 501 or more case filings per month; (b) Class II: 201-500 case filings per month; (c) Class III: 61-200 case filings per month; and (d) Class IV: 60 or fewer case filings per month. Renumbered and Amended by Chapter 199, 2024 General Session

Utah Code § 78A-7-102 Establishment of justice courts.

78A-7-102. Establishment of justice courts. (1) (a) As used in this section, to "create a justice court" means to: (i) establish a justice court; or (ii) establish a justice court under Title 11, Chapter 13, Interlocal Cooperation Act. (b) For the purposes of this section, if more than one municipality or county is collectively proposing to create a justice court, the class of the justice court shall be determined by the total citations or cases filed within the territorial jurisdiction of the proposed justice court. (2) A municipality or county of the first or second class may create a justice court by filing a written declaration with the Judicial Council on or before July 1 at least two years before the effective date of the election. Upon demonstration of compliance with operating standards as established by statute and the Judicial Council, the Judicial Council shall certify the creation of the justice court under Section 78A-7-103. (3) (a) A municipality or county of the third, fourth, or fifth class may create a justice court by demonstrating the need for the justice court and filing a written declaration with the Judicial Council on or before July 1 at least one year before the effective date of the election. (b) A municipality or county creating a justice court shall demonstrate to the Judicial Council that a justice court is needed. In evaluating the need for a justice court, the Judicial Council shall consider factors of population, case filings, public convenience, availability of law enforcement agencies and court support services, proximity to other courts, and any special circumstances. (c) The Judicial Council shall certify the creation of the justice court under Section 78A-7-103, if the Judicial Council determines: (i) a need exists; (ii) the municipality or county has filed a timely application; and (iii) the proposed justice court will be in compliance with all of the operating standards established by statute and the Judicial Council. (4) (a) A municipality that has a justice court may expand the territorial jurisdiction of the justice court by entering into an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, with one or more other municipalities, or the county in which the municipality exists. (b) A justice court enlarged under this Subsection (4) may not be considered as creating a new justice court. An expanded justice court shall demonstrate that it will be in compliance with all of the requirements of the operating standards as established by statute and the Judicial Council before the justice court expands. (c) A municipality or county seeking to expand the territorial jurisdiction of a justice court shall notify the Judicial Council: (i) no later than the notice period required in Section 78A-7-123, when the expanded justice court is a result of the dissolution of one or more justice courts; or (ii) no later than 180 days before the expanded court seeks to begin operation when the expanded justice court is a result of other circumstances. (d) The Judicial Council shall certify the expansion of a justice court if it determines that the expanded justice court is in compliance with the operating standards established by statute and the Judicial Council. (e) (i) A municipality or county that has a justice court at the time of executing an interlocal agreement, under Title 11, Chapter 13, Interlocal Cooperation Act, to become part of an expanded court shall resume operation of the justice court upon termination of the interlocal agreement in accordance with this Subsection (4)(e) or dissolve its justice courts in accordance with Subsection (4)(e)(iii). (ii) The municipality or county shall notify the Judicial Council at least 90 days before resuming operations. The municipality or county shall demonstrate that the municipality's or county's justice court will be in compliance with the operating standards. (iii) If the Judicial Council determines that a justice court will not be in compliance with the operating standards, the Judicial Council shall direct the expanded justice court to continue operation until the Judicial Council is satisfied the municipality's or county's justice court will meet the operating standards or until the municipality or county dissolves the municipality's or county's justice court in accordance with Section 78A-7-123. (iv) If the interlocal agreement includes a municipality or county that did not have a justice court at the time the interlocal agreement was executed, the municipality or county shall notify the Judicial Council at least 180 days before termination of the interlocal agreement. In the notification, the municipality or county shall set forth its intentions in regard to adjudicating offenses committed within the municipality's or county's territorial boundaries. The Judicial Council may require the expanded justice court to continue operation until the Judicial Council is satisfied that the municipality's or county's caseload will be adequately subsumed by another justice court. (5) Upon request from a municipality or county seeking to create a justice court, the Judicial Council may shorten the time required between the municipality's or county's written declaration or election to create a justice court and the effective date of the election. (6) The Judicial Council may by rule provide resources and procedures adequate for the timely disposition of all matters brought before the courts. The Administrative Office of the Courts and local governments shall cooperate in allocating resources to operate the courts in the most efficient and effective manner based on the allocation of responsibility between courts of record and not of record. Amended by Chapter 30, 2018 General Session

Utah Code § 78A-7-103 Minimum standards of justice courts -- Authority of Judicial Council over justice courts.

78A-7-103. Minimum standards of justice courts -- Authority of Judicial Council over justice courts. The Judicial Council shall ensure that: (1) procedures include requirements that every municipality or county that establishes or maintains a justice court provide for the following minimum operating standards: (a) a system to ensure the justice court records all proceedings with a digital audio recording device and maintains the audio recordings for a minimum of one year; (b) sufficient prosecutors to perform the prosecutorial duties before the justice court; (c) adequate funding to provide indigent defense services for indigent individuals under Title 78B, Chapter 22, Indigent Defense Act; (d) sufficient local peace officers to provide security for the justice court and to attend to the justice court when required; (e) sufficient clerical personnel to serve the needs of the justice court; (f) sufficient funds to cover the cost of travel and training expenses of clerical personnel and judges at training sessions mandated by the Judicial Council; (g) adequate courtroom and auxiliary space for the justice court, which need not be specifically constructed for or allocated solely for the justice court when existing facilities adequately serve the purposes of the justice court; and (h) for each judge of its justice court, a current copy of the Utah Code, the Utah Court Rules Annotated, the justice court manual published by the state court administrator, the county, city, or town ordinances as appropriate, and other legal reference materials as determined to be necessary by the judge; and (2) the Judicial Council's rules and procedures shall: (a) presume that existing justice courts will be recertified at the end of each four-year term if the court continues to meet the minimum requirements for the establishment of a new justice court; or (b) authorize the Judicial Council, upon request of a municipality or county or upon its own review, when a justice court does not meet the minimum requirements, to: (i) decline recertification of a justice court; (ii) revoke the certification of a justice court; (iii) extend the time for a justice court to comply with the minimum requirements; or (iv) suspend rules of the Judicial Council governing justice courts, if the council believes suspending those rules is the appropriate administrative remedy for the justice courts of this state. Amended by Chapter 326, 2019 General Session

Utah Code § 78A-7-105 Jurisdiction of a county justice court.

78A-7-105. Jurisdiction of a county justice court. (1) (a) The territorial jurisdiction of a county justice court extends to the limits of the precinct for which the justice court is created and includes all municipalities within the precinct, other than a municipality where a municipal justice court exists. (b) Subject to Subsection (1)(c), a county or district attorney may file a class B or C misdemeanor offense in a county justice court, regardless of where the act occurred, if: (i) the same offense could have been filed as a class A misdemeanor in district court; (ii) the county or district attorney files the offense described in Subsection (1)(b)(i) pursuant to Subsection 77-2-2.3(1)(a); and (iii) the case was submitted to the county or district attorney's office for prosecution. (c) A prosecutor may not file a class B or C misdemeanor offense in a county justice court if the facts support the filing of the charged offense as a felony under Section 76-3-103. (d) Notwithstanding Subsection (1)(a), the territorial jurisdiction of a county justice court extends to any municipality within the precinct where the act, filed as a class B or C misdemeanor under Subsection (1)(b), occurred. (2) The territorial jurisdiction of municipal justice courts extends to the corporate limits of the municipality in which the justice court is created. (3) Justice court judges have the same authority regarding matters within their jurisdiction as judges of courts of record. (4) A justice court may issue all extraordinary writs and other writs as necessary to carry into effect its orders, judgments, and decrees. (5) (a) Except as provided in this Subsection (5), a judgment rendered in a justice court does not create a lien upon any real property of the judgment debtor unless the judgment or abstract of the judgment: (i) is recorded in the office of the county recorder of the county in which the real property of the judgment debtor is located; and (ii) contains the information identifying the judgment debtor in the judgment or abstract of judgment as required in Subsection 78B-5-201(4)(b) or as a separate information statement of the judgment creditor as required in Subsection 78B-5-201(5). (b) The lien runs for eight years from the date the judgment was entered in the district court under Section 78B-5-202 unless the judgment is earlier satisfied. (c) State agencies are exempt from the recording requirement of Subsection (5)(a). Amended by Chapter 339, 2022 General Session

Utah Code § 78A-7-106 Original jurisdiction of a justice court -- Territorial jurisdiction -- Transfer of a domestic violence case.

78A-7-106. Original jurisdiction of a justice court -- Territorial jurisdiction -- Transfer of a domestic violence case. (1) A justice court has original jurisdiction over class B and C misdemeanors, violations of ordinances, and infractions committed within the justice court's territorial jurisdiction by an individual who is 18 years old or older. (2) A justice court has original jurisdiction over the following offenses committed within the justice court's territorial jurisdiction by a minor or an adult high school student: (a) class C misdemeanor and infraction violations described in Title 53, Chapter 3, Part 2, Driver Licensing Act; and (b) class B and C misdemeanor and infraction violations described in: (i) Title 23A, Wildlife Resources Act; (ii) Title 41, Chapter 1a, Motor Vehicle Act; (iii) Title 41, Chapter 6a, Traffic Code; (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act; (v) Title 41, Chapter 22, Off-highway Vehicles; (vi) Title 73, Chapter 18, State Boating Act; (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control; (viii) Title 73, Chapter 18b, Water Safety; and (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators Act. (3) Notwithstanding Subsection (1) or (2), a justice court does not have original jurisdiction over: (a) an offense described in Subsection (1) or (2) if: (i) the district court has exclusive jurisdiction over the offense in accordance with Subsection 78A-5-102(9) or Section 78A-5-102.5; or (ii) the juvenile court has exclusive jurisdiction over the offense in accordance with Section 78A-6-103.5; or (b) the following offenses committed within the justice court's territorial jurisdiction by a minor or an adult high school student: (i) class B and C misdemeanor violations described in Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and (ii) a class B misdemeanor violation described in Section 73-18-12. (4) A justice court has jurisdiction over: (a) a small claims case under Chapter 8, Small Claims Courts, if a defendant resides in or the debt arose within the territorial jurisdiction of the justice court; and (b) a petition for expungement as described in Title 77, Chapter 40a, Expungement of Criminal Records. (5) An offense is committed within the territorial jurisdiction of a justice court if: (a) conduct constituting an element of the offense or a result constituting an element of the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is itself unlawful; (b) either an individual committing an offense or a victim of an offense is located within the court's jurisdiction at the time the offense is committed; (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs within the court's jurisdiction; (d) an individual commits any act constituting an element of an inchoate offense within the court's jurisdiction, including an agreement in a conspiracy; (e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another individual in the planning or commission of an offense within the court's jurisdiction; (f) the investigation of the offense does not readily indicate in which court's jurisdiction the offense occurred, and: (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft passing within the court's jurisdiction; (ii) the offense is committed on or in any body of water bordering on or within this state if the territorial limits of the justice court are adjacent to the body of water; (iii) an individual who commits theft exercises control over the affected property within the court's jurisdiction; or (iv) the offense is committed on or near the boundary of the court's jurisdiction; (g) the offense consists of an unlawful communication that was initiated or received within the court's jurisdiction; or (h) jurisdiction is otherwise specifically provided by law. (6) If a defendant in a criminal case before a justice court is a minor, the justice court may transfer the case to the juvenile court for further proceedings if the justice court determines and the juvenile court concurs that the best interests of the defendant would be served by the continuing jurisdiction of the juvenile court. (7) (a) If a justice court has jurisdiction over a criminal action involving a domestic violence offense and the criminal action is set for trial, the prosecuting attorney or the defendant may file a notice of transfer in the justice court to transfer the criminal action from the justice court to the district court. (b) If a prosecuting attorney files a notice of transfer, the prosecuting attorney shall certify in the notice of transfer that the prosecuting attorney, or a representative from the prosecuting attorney's office, has consulted with, or notified, all of the alleged victims about transferring the criminal action to the district court. (c) The justice court shall transfer a criminal action to the district court if the justice court receives a notice of transfer from: (i) the defendant as described in Subsection (7)(b); or (ii) the prosecuting attorney as described in Subsection (7)(b) and the prosecuting attorney's notice of intent complies with Subsection (7)(c). Amended by Chapter 365, 2025 General Session

Utah Code § 78A-7-118 Appeals from justice court -- Trial or hearing de novo in district court.

78A-7-118. Appeals from justice court -- Trial or hearing de novo in district court. (1) As used in this section: (a) "Restitution" means the same as that term is defined in Section 77-38b-102. (b) "Victim" means the same as that term is defined in Section 77-38b-102. (2) In a criminal case, a defendant is entitled to a trial de novo in the district court only if the defendant files a notice of appeal within 28 days after the day on which: (a) except as provided in Subsection (5)(a)(ii), the justice court sentences the defendant; or (b) the defendant enters a plea of guilty or no contest in the justice court that is held in abeyance. (3) Upon filing a proper notice of appeal, any term of a sentence imposed by the justice court is stayed as provided for in Section 77-20-302 and the Utah Rules of Criminal Procedure. (4) If an appeal under Subsection (2) is of a plea entered pursuant to negotiation with the prosecutor, and the defendant did not reserve the right to appeal as part of the plea negotiation, the negotiation is voided by the appeal. (5) (a) A defendant convicted and sentenced in the justice court is entitled to a hearing de novo in the district court regarding: (i) an order revoking probation; (ii) a sentence after a determination that a defendant failed to fulfill the terms of a plea in abeyance agreement; (iii) an order denying a motion to withdraw a plea if the plea is being held in abeyance and the motion to withdraw the plea is filed within 28 days after the day on which the plea is entered; (iv) an order for restitution; or (v) an order denying expungement. (b) A defendant seeking an appeal under Subsection (5)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order or sentence. (6) (a) A defendant who has entered into a plea in abeyance in the justice court is entitled to a hearing de novo in the district court on the determination by the justice court as to the amount of restitution owed by the defendant as a part of the plea in abeyance agreement. (b) A defendant seeking an appeal under Subsection (6)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order for restitution. (7) (a) A prosecutor is entitled to a hearing de novo in the district court regarding: (i) a final judgment of dismissal; (ii) an order arresting judgment; (iii) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial; (iv) a judgment holding invalid any part of a statute or ordinance; (v) a pretrial order excluding evidence when the prosecutor certifies that exclusion of that evidence prevents continued prosecution of an infraction or class C misdemeanor; (vi) a pretrial order excluding evidence when the prosecutor certifies that exclusion of that evidence impairs continued prosecution of a class B misdemeanor; (vii) an order granting a motion to withdraw a plea of guilty or no contest; or (viii) an order granting an expungement if the expungement was opposed by the prosecution or a victim before the order was entered. (b) A prosecutor seeking an appeal under Subsection (7)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order or judgment. (8) (a) A prosecutor or a victim is entitled to a restitution hearing de novo in the district court regarding restitution if: (i) a request for restitution was made in the justice court; and (ii) the justice court: (A) failed to order the defendant to pay restitution to the victim; or (B) ordered the defendant to pay restitution in an amount less than requested. (b) A prosecutor or victim seeking an appeal under Subsection (8)(a) shall file a notice of appeal within 28 days after the day on which the justice court: (i) failed to order the defendant to pay restitution; or (ii) ordered the defendant to pay restitution in an amount less than requested. (9) Upon entering a decision in a hearing de novo, the district court shall remand the case to the justice court unless: (a) the decision results in immediate dismissal of the case; or (b) the hearing de novo was on a pretrial order and the parties and the district court agree to have the district court retain jurisdiction. (10) The district court shall retain jurisdiction over the case on trial de novo. (11) The decision of the district court is final and may not be appealed unless the district court rules on the constitutionality of a statute or ordinance. Amended by Chapter 113, 2023 General Session

Utah Code § 78A-7-120 Disposition of fines.

78A-7-120. Disposition of fines. (1) (a) Except as otherwise specified by this section, fines and forfeitures collected by a justice court shall be remitted as follows: (i) 50% to the treasurer of the local government responsible for the court; and (ii) 50% to the treasurer of the local government which prosecutes or which would prosecute the violation. (b) An interlocal agreement created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, and related to justice courts may alter the ratio described in Subsection (1)(a) if the parties agree. (2) (a) For violation of Title 23A, Wildlife Resources Act, the court shall allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the local government responsible for the justice court. (b) For violation of Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating Act, the court shall allocate 85% to the Division of Outdoor Recreation and 15% to the general fund of the local government responsible for the justice court. (c) Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic enforcement safety device as described in Section 41-6a-1310 shall be remitted: (i) 20% to the school district or private school that owns or contracts for the use of the school bus; and (ii) 80% in accordance with Subsection (1). (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer and deposited into the General Fund. (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial Council, shall be paid to the state treasurer and allocated to the Department of Transportation for class B and class C roads. (5) Revenue allocated for class B and class C roads pursuant to Subsection (4) or Subsection (7) is supplemental to the money appropriated under Section 72-2-107 but shall be expended in the same manner as other class B and class C road funds. (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted: (i) 60% to the state treasurer to be deposited into the Transportation Fund; and (ii) 40% in accordance with Subsection (1). (b) Fines and forfeitures collected by the court for a second or subsequent violation under Subsection 72-7-409(6)(d) shall be remitted: (i) 50% to the state treasurer to be deposited into the Transportation Fund; and (ii) 50% in accordance with Subsection (1). (7) (a) Revenue from traffic fines may not exceed 25% of a local government's total general fund revenue for a fiscal year. (b) No later than 30 days after the day on which a local government's fiscal year ends, a local government that receives traffic fine revenue shall: (i) for the immediately preceding fiscal year, determine the amount of traffic fine revenue that exceeds the amount described in Subsection (7)(a); and (ii) transfer the amount calculated under Subsection (7)(b)(i) to the state treasurer to be allocated to the Department of Transportation for class B and class C roads. Amended by Chapter 34, 2023 General Session

Utah Code § 78A-7-121 Funds collected -- Deposits and reports -- Special account -- Accounting.

78A-7-121. Funds collected -- Deposits and reports -- Special account -- Accounting. (1) As used in this section, "finance officer" means the same as that term is defined in Section 17-66-101. (2) (a) Justice courts shall deposit public funds in accordance with Section 51-4-2. (b) The city or county treasurer shall report to the city recorder or county finance officer, as appropriate, the sums collected and deposited. (c) The city recorder or county finance officer shall then apportion and remit the collected proceeds as provided in Section 78A-7-120. (3) Money received or collected on any civil process or order issued from a justice court shall be paid within seven days to the party entitled or authorized to receive the money. (4) (a) With the approval of the governing body a trust or revolving account may be established in the name of the justice court and the city or county treasurer for the deposit of money collected including bail, restitution, unidentified receipts, and other money that requires special accounting. (b) Disbursements from this account do not require the approval of the county finance officer, city auditor, recorder, or governing body. (c) The account shall be reconciled at least quarterly by the city auditor or county finance officer of the governing body, as appropriate. Amended by Chapter 105, 2026 General Session

Utah Code § 78A-7-122 Security surcharge -- Application -- Deposit in restricted accounts.

78A-7-122. Security surcharge -- Application -- Deposit in restricted accounts. (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge of $60 shall be assessed on all convictions for offenses listed in the uniform fine schedule adopted by the Judicial Council and moving traffic violations. (2) (a) The security surcharge shall be collected and distributed pro rata with any fine collected. (b) A fine that would otherwise have been charged may not be reduced due to the imposition of the security surcharge. (3) Twenty-eight dollars of the security surcharge shall be transferred to the state treasurer and distributed to the Court Security Account created in Section 78A-2-602. (4) Thirty-two dollars of the security surcharge shall be allocated as follows: (a) the assessing court shall retain 20% of the amount collected for deposit into the general fund of the governmental entity; and (b) 80% shall be transferred to the state treasurer to be distributed as follows: (i) 62.5% to the treasurer of the county in which the justice court which transferred the amount is located; (ii) 25% to the Court Security Account created in Section 78A-2-602; and (iii) 12.5% to the Justice Court Technology, Security, and Training Account created in Section 78A-7-301. (5) The court shall transfer money collected in accordance with Title 51, Chapter 7, State Money Management Act. Amended by Chapter 284, 2026 General Session

Utah Code § 78A-7-123 Dissolution of justice courts.

78A-7-123. Dissolution of justice courts. (1) (a) The county or municipality shall obtain legislative approval to dissolve a justice court if the caseload from that court would fall to the district court upon dissolution. (b) To obtain approval of the Legislature, the governing authority of the municipality or county shall petition the Legislature to adopt a joint resolution to approve the dissolution. (c) The municipality or county shall provide notice to the Judicial Council. (d) Notice of intent to dissolve a Class I or Class II justice court to the Judicial Council shall be given not later than July 1 two years prior to the general session in which the county or municipality intends to seek legislative approval. (e) Notice of intent to dissolve a Class III or Class IV justice court to the Judicial Council shall be given not later than July 1 immediately prior to the general session in which the county or municipality intends to seek legislative approval. (2) (a) A county or municipality shall give notice of intent to dissolve a justice court to the Judicial Council if the caseload of that court would fall to the county justice court. A municipality shall also give notice to the county of its intent to dissolve a justice court. (b) Notice of intent to dissolve a Class I or Class II court shall be given by July 1 at least two years prior to the effective date of the dissolution. (c) Notice of intent to dissolve a Class III or Class IV court shall be given by July 1 at least one year prior to the effective date of the dissolution. (3) Upon request from a municipality or county seeking to dissolve a justice court, the Judicial Council may shorten the time required between the city's or county's notice of intent to dissolve a justice court and the effective date of the dissolution. Renumbered and Amended by Chapter 3, 2008 General Session

Utah Code § 78A-7-124 STEP Supervision Program -- Criteria for participation.

78A-7-124. STEP Supervision Program -- Criteria for participation. (1) As used in this section: (a) "Eligible offense" means a probation-eligible offense for which the court determines substance use is a contributing factor. (b) "Graduated sanction" means accountability measures and programs including: (i) electronic supervision; (ii) drug and alcohol testing; (iii) day or evening reporting centers; (iv) restitution centers; (v) forfeiture of earned compliance credits; (vi) rehabilitative interventions, including substance use treatment or mental health treatment; (vii) requirements to report to a supervision officer; (viii) community service; (ix) compulsory participation in a residential treatment facility; and (x) short-term or intermittent incarceration. (c) "Judicial Council" means the Judicial Council established by Utah Constitution, Article VIII, Section 12. (d) "Positive reinforcement" means incentives including: (i) awarding of a certificate of achievement; (ii) reducing reporting requirements; (iii) deferring fees; (iv) awarding earned compliance credits; (v) removing supervision conditions, including home detention or curfew; and (vi) opportunity to participate in mentorship programming. (e) "Sexual offense" means: (i) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or (ii) a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual Exploitation. (f) "STEP Supervision Program" means the Structured Treatment and Enforcement Pathway Supervision Program that may be established under Subsection (2). (g) (i) "Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm. (ii) "Violent criminal offense" includes a domestic violence offense as that term is defined in Section 77-36-1. (2) A justice court in a county of the first or second class may establish a Structured Treatment and Enforcement Supervision Program: (a) with the approval of the Judicial Council; and (b) if sufficient local government resources exist to fund and operate the STEP Supervision Program. (3) A justice court that establishes a STEP Supervision Program under this section may establish eligibility requirements for participation in the STEP Supervision Program that are: (a) not inconsistent with this section; and (b) approved by the Judicial Council. (4) A STEP Supervision Program shall include: (a) graduated sanctions and positive reinforcement; (b) requirements that an individual ordered to the STEP Supervision Program: (i) maintain employment, maintain enrollment in educational programming, or actively seek employment during the individual's participation in the STEP Supervision Program, unless otherwise ordered by the justice court judge; (ii) submit to regular and randomized drug and alcohol testing; (iii) regularly report to a probation officer or other supervision officer as ordered by the justice court judge; and (iv) if indicated by a substance abuse assessment and evaluation, participate in a court-approved substance abuse treatment plan, which may include medication assisted treatment; and (c) continuous judicial supervision using a cooperative approach with prosecuting attorneys, defense counsel, corrections, and substance abuse treatment services, as appropriate, to promote public safety, protect participants' due process rights, and integrate substance abuse treatment with justice system case processing. (5) (a) Subject to Subsection (5)(b), a justice court may order an individual to the STEP Supervision Program if: (i) the individual has plead to, or been convicted of, an eligible offense; (ii) the individual meets other eligibility requirements the court establishes under a STEP Supervision Program as approved by the Judicial Council; and (iii) the individual: (A) consents to participation in the STEP Supervision Program; and (B) agrees to submit to graduated sanctions and positive reinforcement. (b) An individual is ineligible for the STEP Supervision Program if the individual has pending charges, in a case in any court, of: (i) a violent criminal offense; or (ii) a sexual offense. Enacted by Chapter 113, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78A/Chapter7/78A-7-P1.html?v=C78A-7-P1_1800010118000101Fetched: 10/26/2026