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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-2a-1 Definitions.
For the purposes of this chapter:
(1) "Plea in abeyance" means an order by a court, upon motion of the prosecution and the defendant, 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 that he comply with specific conditions as set forth in a plea in abeyance agreement.
(2) "Plea in abeyance agreement" means an agreement entered
into between the prosecution 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.
1993
77-2a-2 Plea in abeyance agreement - Negotiation - Contents - Terms of agreement - Waiver of time for sentencing.
(1) At any time after acceptance of a plea of guilty or no contest but prior to entry of judgment of conviction and imposition of sentence, the court may, upon motion of both the prosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment of conviction against the defendant nor impose sentence upon the defendant within the time periods contained in Rule 22(a), Utah Rules of Criminal Procedure.
(2) The defendant shall be represented by counsel during negotiations for a plea in abeyance and at the time of acknowledgment and affirmation of any plea in abeyance agreement unless the defendant shall have knowingly and intelligently waived his right to counsel.
(3) The defendant has the right to be represented by counsel at any court hearing relating to a plea in abeyance agreement.
(4) (a) Any plea in abeyance agreement entered into between the prosecution and the defendant and approved by the court shall include a full, detailed recitation of the requirements and conditions agreed to by the defendant and the reason for requesting the court to hold the plea in abeyance.
(b) If the plea is to a felony or any combination of misdemeanors and felonies, the agreement shall be in writing and shall, prior to acceptance by the court, be executed by the prosecuting attorney, the defendant, and the defendant's counsel in the presence of the court.
(5) A plea shall not be held in abeyance for a period longer than 18 months if the plea was to any class of misdemeanor or longer than three years if the plea was to any degree of felony or to any combination of misdemeanors and felonies.
(6) A plea in abeyance agreement shall not be approved
unless the defendant, before the court, and any written agreement,
knowingly and intelligently waives time for sentencing as
designated in Rule 22(a), Utah Rules of Criminal Procedure.
1993
77-2a-3 Manner of entry of plea - Powers of court.
(1) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be done in full compliance with the provisions of Rule 11, Utah Rules of Criminal Procedure.
(2) A plea in abeyance agreement may provide that the court may, upon finding that the defendant has successfully completed the terms of the agreement:
(a) reduce the degree of the offense and enter judgment of conviction and impose sentence 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 in abeyance agreement, the court shall reduce the degree of the offense, dismiss the case only as provided in the plea in abeyance agreement or as agreed to by all parties. Upon sentencing a defendant for any lesser offense pursuant to a plea in abeyance agreement, the court may not invoke 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 of the plea in abeyance agreement as if the defendant were on probation to the court under Section 77-18-1 .
(5) The court may upon acceptance of a plea in abeyance agreement and pursuant to the terms of the agreement:
(a) order the defendant to pay a nonrefundable plea in abeyance fee, which shall be allocated in the same manner as if it had been paid as a fine and shall not exceed in amount the maximum fine which could have been imposed upon conviction and sentencing for the same offense;
(b) order the defendant to pay all or a portion of the costs of administration of the agreement;
(c) order the defendant to pay restitution to the victims of his actions as provided in Title 77, Chapter 38a, Crime Victims Restitution Act;
(d) order the defendant to pay the costs of any rehabilitative program required by the terms of the agreement; and
(e) order the defendant to comply with any other conditions which could have been imposed 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 prosecuting attorney and the defendant. A decision by a prosecuting attorney not to agree to a plea in abeyance is not subject to judicial review.
(7) No plea may be held in abeyance in any case involving
a sexual offense against a victim who is under the age of
14.
2002
77-2a-4 Violation of plea in abeyance agreement - Hearing - Entry of judgment and imposition of sentence - Subsequent prosecutions.
(1) If, at any time during the term of the plea in abeyance agreement, information comes to the attention of the prosecuting attorney or the court that the defendant has violated any condition of the agreement, the court, at the request of the prosecuting attorney, made by appropriate motion and affidavit, or upon its own motion, may issue an order requiring the defendant to appear before the court at a designated time and place to show cause why the court should not find the terms of the agreement to have been violated and why the agreement should not be terminated. If, following an evidentiary hearing, the court finds that the defendant has failed to substantially comply with any term or condition of the plea in abeyance agreement, it may terminate the agreement and enter judgment of conviction and impose sentence against the defendant for the offense to which the original plea was entered. Upon entry of judgment of conviction and imposition of sentence, any amounts paid by the defendant as a plea in abeyance fee prior to termination of the agreement shall be credited against any fine imposed by the court.
(2) The termination of a plea in abeyance agreement and
subsequent entry of judgment of conviction and imposition
of sentence shall not bar any independent prosecution arising
from any offense that constituted a violation of any term
or condition of an agreement whereby the original plea was
placed in abeyance.
1993
