Utah Code tit. 77, ch. 77-20, pt. 77-20-P1 — General Provisions | Utah Code (current version as served 2026-10-18) — Utah

Utah Code § 77-20-101 Title.

77-20-101. Title. This chapter is known as "Bail." Enacted by Chapter 4, 2021 Special Session 2

Utah Code § 77-20-102 Definitions.

77-20-102. Definitions. As used in this chapter: (1) "Bail" means pretrial release. (2) "Bail bond" means the same as that term is defined in Section 31A-35-102. (3) "Bail bond agency" means the same as that term is defined in Section 31A-35-102. (4) "Bail bond producer" means the same as that term is defined in Section 31A-35-102. (5) "County jail official" means a county sheriff or the county sheriff's designee. (6) "Domestic violence offense" means the same as that term is defined in Section 77-36-1. (7) "Exonerate" means to release and discharge a surety, or a surety's bail bond producer, from liability for a bail bond. (8) "Financial condition" means any monetary condition that is imposed to secure an individual's pretrial release. (9) "Forfeiture" means: (a) to divest an individual or surety from a right to the repayment of monetary bail; or (b) to enforce a pledge of assets or real or personal property from an individual or surety used to secure an individual's pretrial release. (10) "Magistrate" means the same as that term is defined in Section 77-1-3. (11) (a) "Material change in circumstances" includes: (i) a preliminary examination in which relevant evidence is presented that: (A) is material to the factors or considerations provided in Section 77-20-201; and (B) was not known to the court at the time the pretrial status order was issued; (ii) an unreasonable delay in prosecution that is not attributable to the defendant; (iii) a material change in the risk that an individual poses to a victim, a witness, or the public if released due to the passage of time or any other relevant factor; (iv) a material change in the conditions of release or the services that are reasonably available to the defendant if released; (v) a willful or repeated failure by the defendant to appear at required court appearances; or (vi) any other material change related to the defendant's risk of flight or danger to any other individual or to the community if released. (b) "Material change in circumstances" does not include any fact or consideration that is known at the time that the pretrial status order is issued. (12) "Monetary bail" means a financial condition. (13) "No bail hold" means an order with the restrictions described in Subsection (19)(c). (14) "Own recognizance" means the release of an individual without any condition of release other than the individual's promise to: (a) appear for all required court proceedings; and (b) not commit any criminal offense. (15) "Pretrial detention hearing" means a hearing described in Section 77-20-206. (16) "Pretrial release" means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. (17) "Pretrial risk assessment" means an objective, research-based, validated assessment tool that measures an individual's risk of flight and risk of anticipated criminal conduct while on pretrial release. (18) "Pretrial services program" means a program that is established to: (a) gather information on individuals booked into a jail facility; (b) conduct pretrial risk assessments; and (c) supervise individuals granted pretrial release. (19) "Pretrial status order" means an order issued by a magistrate or judge that: (a) releases the individual on the individual's own recognizance while the individual awaits trial or other resolution of criminal charges; (b) sets the terms and conditions of the individual's pretrial release while the individual awaits trial or other resolution of criminal charges; or (c) denies pretrial release and orders that the individual be detained while the individual awaits trial or other resolution of criminal charges. (20) "Principal" means the same as that term is defined in Section 31A-35-102. (21) "Surety" means a surety insurer or a bail bond agency. (22) "Surety insurer" means the same as that term is defined in Section 31A-35-102. (23) "Temporary pretrial status order" means an order issued by a magistrate that: (a) releases the individual on the individual's own recognizance until a pretrial status order is issued; (b) sets the terms and conditions of the individual's pretrial release until a pretrial status order is issued; or (c) denies pretrial release and orders that the individual be detained until a pretrial status order is issued. (24) "Unsecured bond" means an individual's promise to pay a financial condition if the individual fails to appear for any required court appearance. Amended by Chapter 377, 2026 General Session

Utah Code § 77-20-103 Release data requirements.

77-20-103. Release data requirements. (1) The Administrative Office of the Courts shall submit the following data on cases involving individuals for whom the Administrative Office of the Courts has a state identification number broken down by judicial district to the Department of Criminal Justice before July 1 of each year: (a) for the preceding calendar year: (i) the number of individuals charged with a criminal offense who failed to appear at a required court preceding while on pretrial release under each of the following categories of release, separated by each type of release: (A) the individual's own recognizance; (B) a financial condition; and (C) a release condition other than a financial condition; (ii) the number of offenses that carry a potential penalty of incarceration an individual committed while on pretrial release under each of the following categories of release, separated by each type of release: (A) the individual's own recognizance; (B) a financial condition; and (C) a release condition other than a financial condition; and (iii) the total amount of fees and fines, including bond forfeiture, collected by the court from an individual for the individual's failure to comply with a condition of release under each of the following categories of release, separated by each type of release: (A) an individual's own recognizance; (B) a financial condition; and (C) a release condition other than a financial condition; and (b) at the end of the preceding calendar year: (i) the total number of outstanding warrants of arrest for individuals who were released from law enforcement custody on pretrial release under each of the following categories of release, separated by each type of release: (A) the individual's own recognizance; (B) a financial condition; and (C) a release condition other than a financial condition; (ii) for each of the categories described in Subsection (1)(b)(i), the average length of time that the outstanding warrants had been outstanding; and (iii) for each of the categories described in Subsection (1)(b)(i), the number of outstanding warrants for arrest for crimes of each of the following categories: (A) a first degree felony; (B) a second degree felony; (C) a third degree felony; (D) a class A misdemeanor; (E) a class B misdemeanor; and (F) a class C misdemeanor. (2) The data described in Subsection (1) shall include cases involving pretrial release by a temporary pretrial status order and a pretrial release order. (3) Each county jail shall submit the following data, based on the preceding calendar year, to the Department of Criminal Justice before July 1 of each year: (a) the number of individuals released upon payment of monetary bail before appearing before a court; (b) the number of individuals released on the individual's own recognizance before appearing before a court; (c) the amount of monetary bail, any fees, and any other money paid by or on behalf of individuals collected by the county jail; (d) the number of individuals released as a result of overcrowding; and (e) the number of individuals released on pretrial release. Amended by Chapter 291, 2026 General Session