Definitions.

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  • (1) "Criminal action" means the proceedings by which a person is charged, accused, and brought to trial for a public offense.
  • (2) "Indictment" means an accusation in writing presented by a grand jury to the district court charging a person with a public offense.
  • (3) "Information" means an accusation, in writing, charging a person with a public offense which is presented, signed, and filed in the office of the clerk where the prosecution is commenced in accordance with Section 77-2-2.2.
  • (4) "Magistrate" means a justice or judge of a court of record or not of record or a commissioner of such a court appointed in accordance with Section 78A-5-107, except that the authority of a court commissioner to act as a magistrate shall be limited by rule of the judicial council. The judicial council rules shall not exceed constitutional limitations upon the delegation of judicial authority.
  • (5) "Risk and needs assessment" means an actuarial tool validated on offenders that determines:
    • (a) an individual's risk of reoffending; and
    • (b) the criminal risk factors that, when addressed, reduce the individual's risk of reoffending.




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