77-2a-3 - Manner of entry of plea -- Powers of court.
77-2a-3. Manner of entry of plea -- Powers of court.
(1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall bedone in full compliance with the provisions of Rule 11, Utah Rules of Criminal Procedure.
(b) In cases charging offenses for which bail may be forfeited, a plea in abeyanceagreement may be entered into without a personal appearance before a magistrate.
(2) A plea in abeyance agreement may provide that the court may, upon finding that thedefendant has successfully completed the terms of the agreement:
(a) reduce the degree of the offense and enter judgment of conviction and imposesentence for a lower degree of offense; or
(b) allow withdrawal of defendant's plea and order the dismissal of the case.
(3) Upon finding that a defendant has successfully completed the terms of a plea inabeyance agreement, the court may reduce the degree of the offense or dismiss the case only asprovided in the plea in abeyance agreement or as agreed to by all parties. Upon sentencing adefendant for any lesser offense pursuant to a plea in abeyance agreement, the court may notinvoke Section 76-3-402 to further reduce the degree of the offense.
(4) The court may require the Department of Corrections to assist in the administration ofthe plea in abeyance agreement as if the defendant were on probation to the court under Section77-18-1.
(5) The terms of a plea in abeyance agreement may include:
(a) an order that the defendant pay a nonrefundable plea in abeyance fee, with asurcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in thesame manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and asurcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, andwhich may not exceed in amount the maximum fine and surcharge which could have beenimposed upon conviction and sentencing for the same offense;
(b) an order that the defendant pay restitution to the victims of the defendant's actions asprovided in Title 77, Chapter 38a, Crime Victims Restitution Act;
(c) an order that the defendant pay the costs of any remedial or rehabilitative programrequired by the terms of the agreement; and
(d) an order that the defendant comply with any other conditions which could have beenimposed as conditions of probation upon conviction and sentencing for the same offense.
(6) A court may not hold a plea in abeyance without the consent of both the prosecutingattorney and the defendant. A decision by a prosecuting attorney not to agree to a plea inabeyance is final.
(7) No plea may be held in abeyance in any case involving a sexual offense against avictim who is under the age of 14.
(8) Beginning on July 1, 2008, no plea may be held in abeyance in any case involving adriving under the influence violation under Section 41-6a-502.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 339, 2008 General Session
Amended by Chapter 382, 2008 General Session