77-38a-102 - Definitions.
77-38a-102. Definitions.
As used in this chapter:
(1) "Conviction" includes a:
(a) judgment of guilt;
(b) a plea of guilty; or
(c) a plea of no contest.
(2) "Criminal activities" means any offense of which the defendant is convicted or anyother criminal conduct for which the defendant admits responsibility to the sentencing court withor without an admission of committing the criminal conduct.
(3) "Department" means the Department of Corrections.
(4) "Diversion" means suspending criminal proceedings prior to conviction on thecondition that a defendant agree to participate in a rehabilitation program, make restitution to thevictim, or fulfill some other condition.
(5) "Party" means the prosecutor, defendant, or department involved in a prosecution.
(6) "Pecuniary damages" means all demonstrable economic injury, whether or not yetincurred, which a person could recover in a civil action arising out of the facts or eventsconstituting the defendant's criminal activities and includes the fair market value of propertytaken, destroyed, broken, or otherwise harmed, and losses including lost earnings and medicalexpenses, but excludes punitive or exemplary damages and pain and suffering.
(7) "Plea agreement" means an agreement entered between the prosecution and defendantsetting forth the special terms and conditions and criminal charges upon which the defendant willenter a plea of guilty or no contest.
(8) "Plea in abeyance" means an order by a court, upon motion of the prosecution and thedefendant, accepting a plea of guilty or of no contest from the defendant but not, at that time,entering judgment of conviction against him nor imposing sentence upon him on condition thathe comply with specific conditions as set forth in a plea in abeyance agreement.
(9) "Plea in abeyance agreement" means an agreement entered into between theprosecution and the defendant setting forth the specific terms and conditions upon which,following acceptance of the agreement by the court, a plea may be held in abeyance.
(10) "Plea disposition" means an agreement entered into between the prosecution anddefendant including diversion, plea agreement, plea in abeyance agreement, or any agreement bywhich the defendant may enter a plea in any other jurisdiction or where charges are dismissedwithout a plea.
(11) "Restitution" means full, partial, or nominal payment for pecuniary damages to avictim, including prejudgment interest, the accrual of interest from the time of sentencing,insured damages, reimbursement for payment of a reward, and payment for expenses to agovernmental entity for extradition or transportation and as may be further defined by law.
(12) (a) "Reward" means a sum of money:
(i) offered to the public for information leading to the arrest and conviction of anoffender; and
(ii) that has been paid to a person or persons who provide this information, except thatthe person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
(b) "Reward" does not include any amount paid in excess of the sum offered to thepublic.
(13) "Screening" means the process used by a prosecuting attorney to terminate
investigative action, proceed with prosecution, move to dismiss a prosecution that has beencommenced, or cause a prosecution to be diverted.
(14) (a) "Victim" means any person whom the court determines has suffered pecuniarydamages as a result of the defendant's criminal activities.
(b) "Victim" may not include a codefendant or accomplice.
Amended by Chapter 96, 2005 General Session