A person who commits certain misdemeanors or some felonies in Utah may be placed on bench probation or supervised probation. Bench probation means that the defendant must obey standard terms of probation but does not report to a probation officer. In effect, the defendant is on probation to the bench or court. Supervised probation requires that the offender personally report to the probation officer and abide by all probation requirements. According to Utah Criminal Code, a person will receive 36 months' probation for a Class A misdemeanor or felony and 12 months' probation for a Class B or C misdemeanor.
A person on bench probation must still obey the law, pay court fees and report any changes in residence to the court. Keeping the court updated with current information is extremely important so there will be no problems should the court need to contact the probationer.
According to Utah Criminal Code, the standard probation terms are as follows: Pay all court fees as directed; participate in treatment programs as directed; serve jail time if designated; complete home arrest if directed; comply with any other appropriate terms and conditions of probation as determined by the court; and for convictions after May 5, 1997, complete a GED (general educational development) degree or vocational training as mandated.
According to Utah Criminal Code, high-risk offenders who are deemed inappropriate for standard probation can be placed on intensive probation and receive home arrest, including electronic monitoring. Utah Criminal Code also states that defendants must pay any costs associated with installation of electronic monitoring systems.
If a defendant fails to abide by the terms and conditions of probation or commits a new crime while on probation, his probation may be revoked, and he will be again face the judge for a new sentencing. Probation may not be revoked unless a probation hearing occurs and a finding of guilty is returned. Upon a finding of guilt, the defendant can receive enhanced sanctions, including jail time or placement on intensive probation, or the defendant can be sentenced to the Department of Corrections.