General Provisions

Utah Code tit. 75E, ch. 75E-4, pt. 75E-4-P1

in effect

Utah Code § 75E-4-101 Definitions for chapter.

75E-4-101. Definitions for chapter. As used in this chapter: (1) "Adjudication" means an adjudication, as that term is defined in Section 80-1-102, of an offense under Section 80-6-701. (2) "Adult sentencing and supervision length guidelines" means the guidelines established in Section 75E-4-203. (3) "Civil disability" means a legal right or privilege that is revoked as a result of the individual's conviction or adjudication. (4) "Collateral consequence" means: (a) a discretionary disqualification; or (b) a mandatory sanction. (5) "Commission" means the Commission on Criminal and Juvenile Justice created in Section 75E-3-102. (6) "Conviction" means the same as that term is defined in Section 77-38b-102. (7) "Disadvantage" means any legal or regulatory restriction that: (a) is imposed on an individual as a result of the individual's conviction or adjudication; and (b) is not a civil disability or a legal penalty. (8) "Discretionary disqualification" means a penalty, a civil disability, or a disadvantage that a court in a civil proceeding, or a federal, state, or local government agency or official, may impose on an individual as a result of the individual's adjudication or conviction for an offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage. (9) "Juvenile" means a minor as that term is defined in Section 80-1-102. (10) "Juvenile disposition guidelines" means the guidelines established in Section 75E-4-204. (11) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that: (a) is imposed on an individual as a result of the individual's adjudication or conviction for an offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage; and (b) is not included in the judgment for the adjudication or conviction. (12) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under the laws of this state, another state, or the United States. (13) "Penalty" means an administrative, civil, or criminal sanction imposed to punish the individual for the individual's conviction or adjudication. (14) "Rural county" means a county in this state other than Davis County, Salt Lake County, or Utah County. (15) "Sentencing commission" means the sentencing commission created in Section 75E-4-102. Renumbered and Amended by Chapter 291, 2026 General Session

Utah Code § 75E-4-102 Creation -- Members -- Appointment -- Qualifications.

75E-4-102. Creation -- Members -- Appointment -- Qualifications. (1) There is created the sentencing commission within the department. (2) The sentencing commission shall: (a) develop bylaws and rules in compliance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b) elect the sentencing commission's officers. (3) (a) The sentencing commission is composed of 17 voting members. (b) The sentencing commission's members are: (i) the executive director of the Department of Corrections or the executive director's designee; (ii) the director of the Division of Juvenile Justice and Youth Services or the director's designee; (iii) the executive director of the commission or the executive director's designee; (iv) the chair of the Board of Pardons and Parole or the chair's designee; (v) the state court administrator or the state court administrator's designee; (vi) three criminal defense attorneys, appointed by the Utah Association of Criminal Defense Lawyers, with at least one being a criminal defense attorney in a rural county; (vii) the attorney general or the attorney general's designee; (viii) three criminal prosecuting attorneys, appointed by the Statewide Association of Public Attorneys and Prosecutors, with at least one being a criminal prosecuting attorney in a rural county; (ix) two representatives of the Utah Sheriffs Association, appointed by the Utah Sheriffs Association, with at least one being a representative of a sheriff from a rural county; (x) one representative of the Utah Chiefs of Police Association, appointed by the Utah Chiefs of Police Association; (xi) an individual, appointed by the governor, who assists in the rehabilitation of individuals convicted of an offense; and (xii) the chair of the Utah Victim Services Commission or a member of the Utah Victim Services Commission designated by the chair. (4) In addition to the members described in Subsection (3), the following may serve as nonvoting members: (a) a district court judge appointed by the Judicial Council; (b) a juvenile court judge appointed by the Judicial Council; and (c) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile Justice Oversight Committee designated by the chair. (5) The executive director of the commission shall hire a director of the sentencing commission to administer and manage the sentencing commission. Renumbered and Amended by Chapter 291, 2026 General Session

Utah Code § 75E-4-103 Terms of members -- Reappointment -- Vacancy.

75E-4-103. Terms of members -- Reappointment -- Vacancy. (1) (a) Except as required by Subsection (1)(b), the appointing authority shall appoint each new member or reappointed member to a four-year term as the terms of members of the sentencing commission expire. (b) The appointing authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members of the sentencing commission are staggered so that approximately half of the sentencing commission is appointed every two years. (2) If a member of the sentencing commission no longer holds a qualifying position, resigns, or is unable to serve, the appointing authority shall fill the vacancy. (3) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. Renumbered and Amended by Chapter 291, 2026 General Session

Utah Code § 75E-4-104 Compensation of members.

75E-4-104. Compensation of members. (1) A member of the sentencing commission who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107. (2) Compensation and expenses of a member of the sentencing commission who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses. Renumbered and Amended by Chapter 291, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title75E/Chapter4/75E-4-P1.html?v=C75E-4-P1_2026050620260701Fetched: 10/26/2026