Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-19-1 Judgment for fine or costs - Enforcement.
If the judgment is for a fine or costs when allowed by
statute and the fine is not paid as ordered by the court,
execution or garnishment may be issued as on a judgment in
a civil action. The prosecuting attorney, upon written request
of the court clerk, shall effectuate collection through execution
or garnishment when the fine or costs have not been paid
as ordered by the court.
1980
77-19-2 Judgment of imprisonment - Commitment.
If the judgment is for imprisonment, the sheriff of the
county or other appropriate custodial officer designated
by the court shall, upon receipt of a certified copy of the
judgment, deliver the defendant to the warden of the state
prison or keeper of the jail. Such custodial officer shall
also deliver a certified copy of the judgment and take a
receipt from the warden or keeper of the jail for the defendant
and return it to the court.
1980
77-19-3 Special release from city or county jail - Purposes.
Any person sentenced to a term in any city or county jail may, pursuant to order of the sentencing judge, be released from jail during those hours which are reasonable and necessary to accomplish any of the following purposes:
(1) Working at his employment;
(2) Performing essential household duties;
(3) Attending an educational institution;
(4) Obtaining necessary medical treatment; or
(5) Any other proper purpose the court may order.
1980
77-19-4 Special release from city or county jail - Conditions and limitations.
All released prisoners, while absent from the jail, are in the custody of the jailer and subject at any time to being returned to jail, if good cause appears for so doing. The judge shall specify the terms and conditions of the release time which may include, but are not limited to the following:
(1) The prisoner may be required to pay all monies earned from employment during the jail term to those persons he is legally responsible to support; or
(2) He may be required to pay a reasonable amount for the expenses of his maintenance in the jail but may be permitted to retain sufficient money to pay his costs of transportation, meals, and other incidental and necessary expenses.
During all hours when the prisoner is not serving the
function for which he is awarded release time, he shall be
confined to jail. The prisoner shall be responsible for obtaining
his own transportation to and from the place where he performs
the function for which he is released.
1980
77-19-5 Special release from city or county jail - Revocation.
The judge may, for good cause, revoke any release time
previously awarded, and shall notify the prisoner that, if
he makes written request, a hearing shall be afforded to
him to challenge the revocation.
1980
77-19-6 Judgment of death - Warrant - Delivery of warrant - Determination of execution time.
(1) When judgment of death is rendered, a warrant, signed by the judge and attested by the clerk under the seal of the court, shall be drawn and delivered to the sheriff of the county where the conviction is had. The sheriff shall deliver the warrant and a certified copy of the judgment to the executive director of the Department of Corrections or his designee at the time of delivering the defendant to the custody of the Department of Corrections.
(2) The warrant shall state the conviction, the judgment,
the method of execution, and the appointed day the judgment
is to be executed, which may not be fewer than 30 days nor
more than 60 days from the date of issuance of the warrant.
The Department of Corrections shall determine the hour, within
the appointed day, at which the judgment is to be executed.
1988
77-19-7 Judgment of death - Statement to Board of Pardons and Parole.
The judge of a court where a judgment of death was had
shall, immediately after the conviction, transmit to the
chair of the Board of Pardons and Parole a statement of the
conviction and judgment and a summary of the evidence given
at trial.
1994
77-19-8 Judgment of death, when suspended, and by whom.
A judge, tribunal, or officer, other than the governor or the Board of Pardons and Parole, may not suspend the execution of a judgment of death, except:
(1) a temporary stay of judgment of death may issue by a court of competent jurisdiction when the judgment is appealed, automatically reviewed, or subjected to collateral attack in a post conviction proceeding; or
(2) in cases of suspected incompetency or pregnancy of
the defendant, execution may be temporarily suspended by
the executive director of the Department of Corrections or
his designee under Section
77-19-13
.
1994
77-19-9 Judgment of death not executed - Order for execution.
(1) If for any reason a judgment of death has not been executed and remains in force, the court where the conviction was had, on application of the prosecuting attorney, shall order the defendant to be brought before it or, if he is at large, issue a warrant for his apprehension.
(2) When the defendant is brought before the court, it shall inquire into the facts and, if no legal reason exists against the execution of judgment, the court shall make an order requiring the executive director of the Department of Corrections or his designee to ensure that the judgment is executed on a specified day, not fewer than 30 nor more than 60 days thereafter, at an hour determined by the Department of Corrections.
(3) The court shall also draw and have delivered another
warrant under Section
77-19-6
.
1988
77-19-10 Judgment of death - Location and procedures for execution.
(1) The executive director of the Department of Corrections or his designee shall ensure that the method of judgment of death specified in the warrant is carried out at a secure correctional facility operated by the department at an hour determined by the department on the date specified in the warrant.
(2) If the judgment of death is to be carried out by shooting, the executive director of the department or his designee shall select a five-person firing squad of peace officers.
(3) If the judgment of death is to be carried out by lethal intravenous injection, the executive director of the department or his designee shall select two or more persons trained in accordance with accepted medical practices to administer intravenous injections, who shall each administer a continuous intravenous injection, one of which shall be of a lethal quantity of sodium thiopental or other equally or more effective substance sufficient to cause death. Death shall be certified by a physician.
(4) Compensation for members of a firing squad or persons administering intravenous injections shall be in an amount determined by the director of the Division of Finance.
(5) The department shall adopt and enforce rules governing
procedures for the execution of judgments of death.
1996
77-19-11 Who may be present - Photographic and recording equipment.
(1) As used in this section:
(a) "Close relative of the deceased victim" means:
(i) the spouse of the victim;
(ii) a parent or stepparent of the victim;
(iii) a brother, sister, stepbrother, stepsister, child, or stepchild of the victim; and
(iv) any person who had a close relationship with the deceased victim, or with a close relative of the victim, upon the recommendation of the victim assistance coordinator for the Department of Corrections or for the Office of the Attorney General.
(b) "Director" means the executive director of the Department of Corrections, or the director's designee.
(2) At the discretion of the director, the following persons may attend the execution:
(a) the prosecuting attorney, or a designated deputy, of the county in which the defendant committed the offense for which he is being executed;
(b) no more than two law enforcement officials from the county in which the defendant committed the offense for which he is being executed;
(c) the attorney general or a designee;
(d) religious representatives, friends, or relatives designated by the defendant, not exceeding a total of five persons; and
(e) unless approved by the director, no more than five close relatives of the deceased victim, as selected by the director, but giving priority in the order listed in Subsection (1)(a).
(3) The persons listed in Subsection (2) may not be required to attend, nor may any of them attend as a matter of right.
(4) The director shall permit the attendance at the execution of members of the press and broadcast news media:
(a) as named by the director in accordance with rules of the department; and
(b) with the agreement of the selected news media members that they serve as a pool for other members of the news media.
(5) (a) Except as provided in Subsection (5)(b), photographic or recording equipment is not permitted at the execution site until the execution is completed, the body is removed, and the site has been restored to an orderly condition. However, the physical arrangements for the execution may not be disturbed.
(b) Audio recording equipment may be used by the department for the purpose of recording the defendant's last words.
(c) The department shall permanently destroy the recording made under Subsection (5)(b) not later than 24 hours after the completion of the execution.
(d) A violation of this subsection is a class B misdemeanor.
(6) All persons in attendance are subject to reasonable search as a condition of attendance.
(7) (a) The following persons may also attend the execution:
(i) staff as determined by the director; and
(ii) no more than three correctional officials from other states that are preparing for executions, but no more than two correctional officials may be from any one state, as designated by the director.
(b) A person younger than 18 years of age may not attend.
(8) The department shall adopt rules governing the attendance
of persons, including the number of media representatives,
at the execution. These rules shall be in accordance with
this section.
2000
77-19-12 Return upon death warrant.
After the execution, the executive director of the Department
of Corrections or his designee shall make a return upon the
death warrant, showing the time, place, and manner in which
it was executed.
1988
77-19-13 Incompetency or pregnancy of person sentenced to death - Procedures.
(1) If, after judgment of death, there is good reason to believe the defendant is incompetent to proceed under this chapter, or is pregnant, the executive director of the Department of Corrections or his designee shall immediately give written notice to the court in which the judgment of death was rendered, to the prosecuting attorney, and counsel for defendant. The judgment shall be stayed pending further order of the court.
(2) (a) On receipt of the notice, the mental condition of the defendant shall be examined under the provisions of Title 77, Chapter 15.
(b) If the defendant is found incompetent, the court shall immediately transmit a certificate of the findings to the Board of Pardons and Parole and enter an order for commitment under Title 77, Chapter 15. If the defendant is found competent, the judge shall immediately transmit a certificate of the findings to the Board of Pardons and Parole, and shall draw and have delivered another warrant under Section 77-19-6 , together with a copy of the certificate of the findings. The warrant shall state an appointed day on which the judgment is to be executed, which may not be fewer than 30 nor more than 60 days from the date of the drawing of the warrant, at an hour determined by the Department of Corrections.
(3) (a) If the court finds the defendant is pregnant, it shall immediately transmit a certificate of the finding to the Board of Pardons and Parole and to the executive director of the Department of Corrections or his designee, and the court shall issue an order staying the execution of the judgment of death during the pregnancy.
(b) When the court determines the defendant is no longer
pregnant, it shall immediately transmit a certificate of
the finding to the Board of Pardons and Parole and draw and
have delivered another warrant under Section
77-19-6
, with a copy of the certificate of the finding.
The warrant shall state an appointed day on which the judgment
is to be executed, which may not be fewer than 30 nor more
than 60 days from the date of the drawing of the warrant.
1994
