Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 71 First Substitute (2017GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/23/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• specifies when criminal judgment accounts receivable may be assigned to the Office of State Debt Collection;
• allows the court to modify amounts and payment schedules in order to avoid a default;
• provides that the court may hold a delinquent or defaulting defendant in contempt;
• outlines possible consequences for a delinquent or defaulting defendant; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

CRIMINAL ACCOUNTS RECEIVABLE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
____________
LONG TITLE
General Description:
This bill makes changes in the monitoring and collection of criminal judgment accounts
receivable.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ specifies when criminal judgment accounts receivable may be assigned to the Office
of State Debt Collection;
▸ allows the court to modify amounts and payment schedules in order to avoid a
default;
▸ provides that the court may hold a delinquent or defaulting defendant in contempt;
▸ outlines possible consequences for a delinquent or defaulting defendant; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-3-502
, as last amended by Laws of Utah 2016, Chapter 129
76-3-201
, as last amended by Laws of Utah 2015, Chapter 147
77-18-1
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 4
77-18-6
, as last amended by Laws of Utah 2014, Chapter 170
77-20-4
, as last amended by Laws of Utah 2016, Chapter 234
77-27-5
, as last amended by Laws of Utah 2016, Chapter 223
77-27-6
, as last amended by Laws of Utah 2016, Chapter 223
77-38-3
, as last amended by Laws of Utah 2016, Chapter 223
77-38a-102
, as last amended by Laws of Utah 2016, Chapter 223
77-38a-301
, as enacted by Laws of Utah 2001, Chapter 137
77-38a-302
, as last amended by Laws of Utah 2016, Chapter 223
77-38a-404
, as last amended by Laws of Utah 2011, Chapters 131 and 208
77-38a-501
, as last amended by Laws of Utah 2003, Chapter 280
78B-2-115
, as last amended by Laws of Utah 2015, Chapter 434
ENACTS:
77-32a-101
, Utah Code Annotated 1953
77-32a-102
, Utah Code Annotated 1953
77-32a-103
, Utah Code Annotated 1953
77-32a-104
, Utah Code Annotated 1953
77-32a-105
, Utah Code Annotated 1953
77-32a-106
, Utah Code Annotated 1953
78B-6-317
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
77-32a-107
, (Renumbered from 77-32a-2, as last amended by Laws of Utah 1999,
Chapter 21)
77-32a-108
, (Renumbered from 77-32a-3, as enacted by Laws of Utah 1980, Chapter
15)
77-32a-109
, (Renumbered from 77-32a-4, as enacted by Laws of Utah 1980, Chapter
15)
77-32a-110
, (Renumbered from 77-32a-14, as enacted by Laws of Utah 1980, Chapter
15)
REPEALS:
76-3-201.1
, as last amended by Laws of Utah 2015, Chapter 434
77-32a-1
, as last amended by Laws of Utah 2002, Chapter 35
77-32a-5
, as enacted by Laws of Utah 1980, Chapter 15
77-32a-6
, as enacted by Laws of Utah 1980, Chapter 15
77-32a-7
, as enacted by Laws of Utah 1980, Chapter 15
77-32a-8
, as enacted by Laws of Utah 1980, Chapter 15
77-32a-9
, as enacted by Laws of Utah 1980, Chapter 15
77-32a-10
, as enacted by Laws of Utah 1980, Chapter 15
77-32a-11
, as enacted by Laws of Utah 1980, Chapter 15
77-32a-12
, as enacted by Laws of Utah 1980, Chapter 15
77-32a-13
, as enacted by Laws of Utah 1980, Chapter 15
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-3-502
 is amended to read:
63A-3-502.
Office of State Debt Collection created -- Duties.
(1) The state and each state agency shall comply with the requirements of this chapter
and any rules established by the Office of State Debt Collection.
(2) There is created the Office of State Debt Collection in the Division of Finance.
(3) The office shall:
(a) have overall responsibility for collecting and managing state receivables;
(b) assist the Division of Finance to develop consistent policies governing the
collection and management of state receivables;
(c) oversee and monitor state receivables to ensure that state agencies are:
(i) implementing all appropriate collection methods;
(ii) following established receivables guidelines; and
(iii) accounting for and reporting receivables in the appropriate manner;
(d) assist the Division of Finance to develop policies, procedures, and guidelines for
accounting, reporting, and collecting money owed to the state;
(e) provide information, training, and technical assistance to each state agency on
various collection-related topics;
(f) write an inclusive receivables management and collection manual for use by each
state agency;
(g) prepare quarterly and annual reports of the state's receivables;
(h) create or coordinate a state accounts receivable database;
(i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
effective accounts receivable program;
(j) identify any state agency that is not making satisfactory progress toward
implementing collection techniques and improving accounts receivable collections;
(k) coordinate information, systems, and procedures between each state agency to
maximize the collection of past-due accounts receivable;
(l) establish an automated cash receipt process between each state agency;
(m) assist the Division of Finance to establish procedures for writing off accounts
receivable for accounting and collection purposes;
(n) establish standard time limits after which an agency will delegate responsibility to
collect state receivables to the office or its designee;
(o) be a real party in interest for an account receivable referred to the office by any
state agency or for any restitution to victims referred to the office by a court; and
(p) allocate money collected for judgments registered under Section 
77-18-6
 in
accordance with Sections 
51-9-402
, 
63A-3-506
, and 
78A-5-110
.
(4) The office may:
(a) recommend to the Legislature new laws to enhance collection of past-due accounts
by state agencies;
(b) collect accounts receivables for higher education entities, if the higher education
entity agrees;
(c) prepare a request for proposal for consulting services to:
(i) analyze the state's receivable management and collection efforts; and
(ii) identify improvements needed to further enhance the state's effectiveness in
collecting its receivables;
(d) contract with private or state agencies to collect past-due accounts;
(e) perform other appropriate and cost-effective coordinating work directly related to
collection of state receivables;
(f) obtain access to records and databases of any state agency that are necessary to the
duties of the office by following the procedures and requirements of Section 
63G-2-206
,
including the financial disclosure form described in Section 
77-38a-204
;
(g) collect interest and fees related to the collection of receivables under this chapter,
and establish, by following the procedures and requirements of Section 
63J-1-504
:
(i) a fee to cover the administrative costs of collection, on accounts administered by the
office;
(ii) a late penalty fee that may not be more than 10% of the account receivable on
accounts administered by the office;
(iii) an interest charge that is:
(A) the postjudgment interest rate established by Section 
15-1-4
 in judgments
established by the courts; or
(B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
receivable for which no court judgment has been entered; and
(iv) fees to collect accounts receivable for higher education;
(h) collect reasonable attorney fees and reasonable costs of collection that are related to
the collection of receivables under this chapter;
(i) make rules that allow accounts receivable to be collected over a reasonable period
of time and under certain conditions with credit cards;
(j) file a satisfaction of judgment in the court by following the procedures and
requirements of the Utah Rules of Civil Procedure;
(k) ensure that judgments for which the office is the judgment creditor are renewed, as
necessary;
(l) notwithstanding Section 
63G-2-206
, share records obtained under Subsection (4)(f)
with private sector vendors under contract with the state to assist state agencies in collecting
debts owed to the state agencies without changing the classification of any private, controlled,
or protected record into a public record;
(m) enter into written agreements with other governmental agencies to obtain
information for the purpose of collecting state accounts receivable and restitution for victims;
and
(n) collect accounts receivable for a political subdivision of the state, if the political
subdivision enters into an agreement or contract with the office under Title 11, Chapter 13,
Interlocal Cooperation Act, for the office to collect the political subdivision's accounts
receivable.
(5) The office shall ensure that:
(a) a record obtained by the office or a private sector vendor as referred to in
Subsection (4)(l):
(i) is used only for the limited purpose of collecting accounts receivable; and
(ii) is subject to federal, state, and local agency records restrictions; and
(b) any person employed by, or formerly employed by, the office or a private sector
vendor as referred to in Subsection (4)(l) is subject to:
(i) the same duty of confidentiality with respect to the record imposed by law on
officers and employees of the state agency from which the record was obtained; and
(ii) any civil or criminal penalties imposed by law for violations of lawful access to a
private, controlled, or protected record.
(6) (a) The office shall collect accounts receivable ordered by a court as a result of
prosecution for a criminal offense that have been transferred to the office under [
Subsection
76-3-201.1
(5)(h) or (8)
] 
Section 
77-32a-102
.
(b) The office may not assess the interest charge established by the office under
Subsection (4) on an account receivable subject to the postjudgment interest rate established by
Section 
15-1-4
.
(7) The office shall require a state agency to:
(a) transfer collection responsibilities to the office or its designee according to time
limits established by the office;
(b) make annual progress towards implementing collection techniques and improved
accounts receivable collections;
(c) use the state's accounts receivable system or develop systems that are adequate to
properly account for and report their receivables;
(d) develop and implement internal policies and procedures that comply with the
collections policies and guidelines established by the office;
(e) provide internal accounts receivable training to staff involved in the management
and collection of receivables as a supplement to statewide training;
(f) bill for and make initial collection efforts of its receivables up to the time the
accounts must be transferred; and
(g) submit quarterly receivable reports to the office that identify the age, collection
status, and funding source of each receivable.
(8) The office shall use the information provided by the agencies and any additional
information from the office's records to compile a one-page summary report of each agency.
(9) The summary shall include:
(a) the type of revenue that is owed to the agency;
(b) any attempted collection activity; and
(c) any costs incurred in the collection process.
(10) The office shall annually provide copies of each agency's summary to the governor
and to the Legislature.
(11) All interest, fees, and other amounts authorized to be charged by the office under
Subsection (4):
(a) are penalties that may be charged by the office; and
(b) are not compensation for actual pecuniary loss.
Section 2. Section 
76-3-201
 is amended to read:
76-3-201.
Definitions -- Sentences or combination of sentences allowed -- Civil
penalties.
(1) As used in this section:
(a) "Conviction" includes a:
(i) judgment of guilt; [
and
]
(ii) plea of guilty[
.
]
; or
(iii) plea of no contest.
(b) "Criminal activities" means any 
misdemeanor or felony
 offense [
of
] 
for
 which the
defendant is convicted or any other criminal conduct for which the defendant admits
responsibility to the sentencing court with or without an admission of committing the criminal
conduct.
(c) "Pecuniary damages" means all special damages, but not general damages, which a
person could recover against the defendant in a civil action arising out of the facts or events
constituting the defendant's criminal activities and includes the money equivalent of property
taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
expenses.
(d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
victim, and payment for expenses to a governmental entity for extradition or transportation and
as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.
(e) (i) "Victim" means any person or entity, including the Utah Office for Victims of
Crime, who the court determines has suffered pecuniary damages as a result of the defendant's
criminal activities.
(ii) "Victim" does not include a codefendant or accomplice.
(2) Within the limits prescribed by this chapter, a court may sentence a person
convicted of an offense to any one of the following sentences or combination of them:
(a) to pay a fine;
(b) to removal or disqualification from public or private office;
(c) to probation unless otherwise specifically provided by law;
(d) to imprisonment;
(e) on or after April 27, 1992, to life in prison without parole; or
(f) to death.
(3) (a) This chapter does not deprive a court of authority conferred by law to:
(i) forfeit property;
(ii) dissolve a corporation;
(iii) suspend or cancel a license;
(iv) permit removal of a person from office;
(v) cite for contempt; or
(vi) impose any other civil penalty.
(b) A civil penalty may be included in a sentence.
(4) (a) When a person is convicted of criminal activity that has resulted in pecuniary
damages, in addition to any other sentence it may impose, the court shall order that the
defendant make restitution to the victims, or for conduct for which the defendant has agreed to
make restitution as part of a plea agreement.
(b) In determining whether restitution is appropriate, the court shall follow the criteria
and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
(c) In addition to any other sentence the court may impose, the court, pursuant to the
provisions of Sections 
63M-7-503
 and 
77-38a-401
, shall enter:
(i) a civil judgment for complete restitution for the full amount of expenses paid on
behalf of the victim by the Utah Office for Victims of Crime; and
(ii) an order of restitution for restitution payable to the Utah Office for Victims of
Crime in the same amount unless otherwise ordered by the court pursuant to Subsection (4)(d).
(d) In determining whether to order that the restitution required under Subsection (4)(c)
be reduced or that the defendant be exempted from the restitution, the court shall consider the
criteria under Subsections 
77-38a-302
(5)(c)(i) through (vi) and provide findings of its decision
on the record.
(5) (a) In addition to any other sentence the court may impose, and unless otherwise
ordered by the court, the defendant shall pay restitution of governmental transportation
expenses if the defendant was:
(i) transported pursuant to court order from one county to another within the state at
governmental expense to resolve pending criminal charges;
(ii) charged with a felony or a class A, B, or C misdemeanor; and
(iii) convicted of a crime.
(b) The court may not order the defendant to pay restitution of governmental
transportation expenses if any of the following apply:
(i) the defendant is charged with an infraction or on a subsequent failure to appear a
warrant is issued for an infraction; or
(ii) the defendant was not transported pursuant to a court order.
(c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i)
shall be calculated according to the following schedule:
(A) $100 for up to 100 miles a defendant is transported;
(B) $200 for 100 up to 200 miles a defendant is transported; and
(C) $350 for 200 miles or more a defendant is transported.
(ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant
transported regardless of the number of defendants actually transported in a single trip.
(d) If a defendant has been extradited to this state under Title 77, Chapter 30,
Extradition, to resolve pending criminal charges and is convicted of criminal activity in the
county to which he has been returned, the court may, in addition to any other sentence it may
impose, order that the defendant make restitution for costs expended by any governmental
entity for the extradition.
(6) (a) In addition to any other sentence the court may impose, and unless otherwise
ordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution to the
county for the cost of incarceration and costs of medical care provided to the defendant while
in the county correctional facility before and after sentencing if:
(i) the defendant is convicted of criminal activity that results in incarceration in the
county correctional facility; and
(ii) (A) the defendant is not a state prisoner housed in a county correctional facility
through a contract with the Department of Corrections; or
(B) the reimbursement does not duplicate the reimbursement provided under Section
64-13e-104
 if the defendant is a state probationary inmate, as defined in Section 
64-13e-102
, or
a state parole inmate, as defined in Section 
64-13e-102
.
(b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined by
the county correctional facility, but may not exceed the daily inmate incarceration costs and
medical and transportation costs for the county correctional facility.
(ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurred
by the county correctional facility in providing reasonable accommodation for an inmate
qualifying as an individual with a disability as defined and covered by the federal Americans
with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mental
health treatment for the inmate's disability.
(c) In determining whether to order that the restitution required under this Subsection
(6) be reduced or that the defendant be exempted from the restitution, the court shall consider
the criteria under Subsections 
77-38a-302
(5)(c)(i) through (vi) and shall enter the reason for its
order on the record.
(d) If on appeal the defendant is found not guilty of the criminal activity under
Subsection (6)(a)(i) and that finding is final as defined in Section 
76-1-304
, the county shall
reimburse the defendant for restitution the defendant paid for costs of incarceration under
Subsection (6)(a).
(7) In addition to any other sentence the court may impose, the court shall determine
whether costs are appropriate pursuant to Section 
77-32a-107
.
Section 3. Section 
77-18-1
 is amended to read:
77-18-1.
Suspension of sentence -- Pleas held in abeyance -- Probation --
Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
monitoring.
(1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
in abeyance agreement, the court may hold the plea in abeyance as provided in Title 77,
Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
(2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
and place the defendant on probation. The court may place the defendant:
(i) on probation under the supervision of the Department of Corrections except in cases
of class C misdemeanors or infractions;
(ii) on probation under the supervision of an agency of local government or with a
private organization; or
(iii) on court probation under the jurisdiction of the sentencing court.
(b) (i) The legal custody of all probationers under the supervision of the department is
with the department.
(ii) The legal custody of all probationers under the jurisdiction of the sentencing court
is vested as ordered by the court.
(iii) The court has continuing jurisdiction over all probationers.
(iv) Court probation may include an administrative level of services, including
notification to the court of scheduled periodic reviews of the probationer's compliance with
conditions.
(c) Supervised probation services provided by the department, an agency of local
government, or a private organization shall specifically address the offender's risk of
reoffending as identified by a validated risk and needs screening or assessment.
(3) (a) The department shall establish supervision and presentence investigation
standards for all individuals referred to the department. These standards shall be based on:
(i) the type of offense;
(ii) the results of a risk and needs assessment;
(iii) the demand for services;
(iv) the availability of agency resources;
(v) public safety; and
(vi) other criteria established by the department to determine what level of services
shall be provided.
(b) Proposed supervision and investigation standards shall be submitted to the Judicial
Council and the Board of Pardons and Parole on an annual basis for review and comment prior
to adoption by the department.
(c) The Judicial Council and the department shall establish procedures to implement
the supervision and investigation standards.
(d) The Judicial Council and the department shall annually consider modifications to
the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
appropriate.
(e) The Judicial Council and the department shall annually prepare an impact report
and submit it to the appropriate legislative appropriations subcommittee.
(4) Notwithstanding other provisions of law, the department is not required to
supervise the probation of persons convicted of class B or C misdemeanors or infractions or to
conduct presentence investigation reports on class C misdemeanors or infractions. However,
the department may supervise the probation of class B misdemeanants in accordance with
department standards.
(5) (a) Before the imposition of any sentence, the court may, with the concurrence of
the defendant, continue the date for the imposition of sentence for a reasonable period of time
for the purpose of obtaining a presentence investigation report from the department or
information from other sources about the defendant.
(b) The presentence investigation report shall include:
(i) a victim impact statement according to guidelines set in Section 
77-38a-203
describing the effect of the crime on the victim and the victim's family;
(ii) a specific statement of pecuniary damages, accompanied by a recommendation
from the department regarding the payment of restitution with interest by the defendant in
accordance with Title 77, Chapter 38a, Crime Victims Restitution Act;
(iii) findings from any screening and any assessment of the offender conducted under
Section 
77-18-1.1
;
(iv) recommendations for treatment of the offender; and
(v) the number of days since the commission of the offense that the offender has spent
in the custody of the jail and the number of days, if any, the offender was released to a
supervised release or alternative incarceration program under Section 
17-22-5.5
.
(c) The contents of the presentence investigation report are protected and are not
available except by court order for purposes of sentencing as provided by rule of the Judicial
Council or for use by the department.
(6) (a) The department shall provide the presentence investigation report to the
defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
court for review, three working days prior to sentencing. Any alleged inaccuracies in the
presentence investigation report, which have not been resolved by the parties and the
department prior to sentencing, shall be brought to the attention of the sentencing judge, and
the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
report with the department. If after 10 working days the inaccuracies cannot be resolved, the
court shall make a determination of relevance and accuracy on the record.
(b) If a party fails to challenge the accuracy of the presentence investigation report at
the time of sentencing, that matter shall be considered to be waived.
(7) At the time of sentence, the court shall receive any testimony, evidence, or
information the defendant or the prosecuting attorney desires to present concerning the
appropriate sentence. This testimony, evidence, or information shall be presented in open court
on record and in the presence of the defendant.
(8) While on probation, and as a condition of probation, the court may require that the
defendant:
(a) perform any or all of the following:
[
(i) pay, in one or several sums, any fine imposed at the time of being placed on
probation;
]
[
(ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
]
[
(iii)
] 
(i)
 provide for the support of others for whose support the defendant is legally
liable;
[
(iv)
] 
(ii)
 participate in available treatment programs, including any treatment program
in which the defendant is currently participating, if the program is acceptable to the court;
[
(v)
] 
(iii) if on probation for a felony offense,
 serve a period of time, not to exceed one
year, in a county jail designated by the department, after considering any recommendation by
the court as to which jail the court finds most appropriate;
[
(vi)
] 
(iv)
 serve a term of home confinement, which may include the use of electronic
monitoring;
[
(vii)
] 
(v)
 participate in compensatory service restitution programs, including the
compensatory service program provided in Section 
76-6-107.1
;
[
(viii)
] 
(vi)
 pay for the costs of investigation, probation, and treatment services;
[
(ix)
] 
(vii)
 make restitution or reparation to the victim or victims with interest in
accordance with Title 77, Chapter 38a, Crime Victims Restitution Act; and
[
(x)
] 
(viii)
 comply with other terms and conditions the court considers appropriate 
to
ensure public safety or increase a defendant's likelihood of success on probation
; and
(b) if convicted on or after May 5, 1997:
(i) complete high school classwork and obtain a high school graduation diploma, a
GED certificate, or a vocational certificate at the defendant's own expense if the defendant has
not received the diploma, GED certificate, or vocational certificate prior to being placed on
probation; or
(ii) provide documentation of the inability to obtain one of the items listed in
Subsection (8)(b)(i) because of:
(A) a diagnosed learning disability; or
(B) other justified cause.
(9) The department shall collect and disburse the [
account
] 
accounts
 receivable as
defined by Section [
76-3-201.1
] 
77-32a-101
, with interest and any other costs assessed under
Section 
64-13-21
 during:
(a) the parole period and any extension of that period in accordance with Subsection
77-27-6
(4); and
(b) the probation period in cases for which the court orders supervised probation and
any extension of that period by the department in accordance with Subsection (10).
(10) (a) (i) Probation may be terminated at any time at the discretion of the court or
upon completion without violation of 36 months probation in felony or class A misdemeanor
cases, 12 months in cases of class B or C misdemeanors or infractions, or as allowed pursuant
to Section 
64-13-21
 regarding earned credits.
(ii) (A) If, upon expiration or termination of the probation period under Subsection
(10)(a)(i), there remains an unpaid balance upon the [
account
] 
accounts
 receivable as defined
in Section [
76-3-201.1
] 
77-32a-101
, the court may retain jurisdiction of the case and continue
the defendant on bench probation for the limited purpose of enforcing the payment of the
account receivable. If the court retains jurisdiction for this limited purpose, the court may
order the defendant to pay to the court the costs associated with continued probation under this
Subsection (10).
(B) In accordance with Section 
77-18-6
, the court shall record in the registry of civil
judgments any unpaid balance not already recorded and immediately transfer responsibility to
collect the account to the Office of State Debt Collection.
(iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
own motion, the court may require the defendant to show cause why the defendant's failure to
pay should not be treated as contempt of court.
(b) (i) The department shall notify the sentencing court, the Office of State Debt
Collection, and the prosecuting attorney in writing in advance in all cases when termination of
supervised probation is being requested by the department or will occur by law.
(ii) The notification shall include a probation progress report and complete report of
details on outstanding accounts receivable.
(11) (a) (i) Any time served by a probationer outside of confinement after having been
charged with a probation violation and prior to a hearing to revoke probation does not
constitute service of time toward the total probation term unless the probationer is exonerated
at a hearing to revoke the probation.
(ii) Any time served in confinement awaiting a hearing or decision concerning
revocation of probation does not constitute service of time toward the total probation term
unless the probationer is exonerated at the hearing.
(iii) Any time served in confinement awaiting a hearing or decision concerning
revocation of probation constitutes service of time toward a term of incarceration imposed as a
result of the revocation of probation or a graduated sanction imposed under Section
63M-7-404
.
(b) The running of the probation period is tolled upon the filing of a violation report
with the court alleging a violation of the terms and conditions of probation or upon the issuance
of an order to show cause or warrant by the court.
(12) (a) (i) Probation may be modified as is consistent with the graduated sanctions and
incentives developed by the Utah Sentencing Commission under Section 
63M-7-404
, but the
length of probation may not be extended, except upon waiver of a hearing by the probationer or
upon a hearing and a finding in court that the probationer has violated the conditions of
probation.
(ii) Probation may not be revoked except upon a hearing in court and a finding that the
conditions of probation have been violated.
(b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to
constitute violation of the conditions of probation, the court that authorized probation shall
determine if the affidavit establishes probable cause to believe that revocation, modification, or
extension of probation is justified.
(ii) If the court determines there is probable cause, it shall cause to be served on the
defendant a warrant for the defendant's arrest or a copy of the affidavit and an order to show
cause why the defendant's probation should not be revoked, modified, or extended.
(c) (i) The order to show cause shall specify a time and place for the hearing and shall
be served upon the defendant at least five days prior to the hearing.
(ii) The defendant shall show good cause for a continuance.
(iii) The order to show cause shall inform the defendant of a right to be represented by
counsel at the hearing and to have counsel appointed if the defendant is indigent.
(iv) The order shall also inform the defendant of a right to present evidence.
(d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
(ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney
shall present evidence on the allegations.
(iii) The persons who have given adverse information on which the allegations are
based shall be presented as witnesses subject to questioning by the defendant unless the court
for good cause otherwise orders.
(iv) The defendant may call witnesses, appear and speak in the defendant's own behalf,
and present evidence.
(e) (i) After the hearing the court shall make findings of fact.
(ii) Upon a finding that the defendant violated the conditions of probation, the court
may order the probation revoked, modified, continued, or reinstated for all or a portion of the
original term of probation.
(iii) If a period of incarceration is imposed for a violation, the defendant shall be
sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
Subsection 
63M-7-404
(4), unless the judge determines that:
(A) the defendant needs substance abuse or mental health treatment, as determined by a
validated risk and needs screening and assessment, that warrants treatment services that are
immediately available in the community; or
(B) the sentence previously imposed shall be executed.
(iv) If the defendant had, prior to the imposition of a term of incarceration or the
execution of the previously imposed sentence under this Subsection (12), served time in jail as
a condition of probation or due to a violation of probation under Subsection
[
77-18-1
](12)(e)(iii), the time the probationer served in jail constitutes service of time toward
the sentence previously imposed.
(13) The court may order the defendant to commit himself or herself to the custody of
the Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as
a condition of probation or stay of sentence, only after the superintendent of the Utah State
Hospital or the superintendent's designee has certified to the court that:
(a) the defendant is appropriate for and can benefit from treatment at the state hospital;
(b) treatment space at the hospital is available for the defendant; and
(c) persons described in Subsection 
62A-15-610
(2)(g) are receiving priority for
treatment over the defendants described in this Subsection (13).
(14) Presentence investigation reports are classified protected in accordance with Title
63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
63G-2-403
 and 
63G-2-404
, the State Records Committee may not order the disclosure of a
presentence investigation report. Except for disclosure at the time of sentencing pursuant to
this section, the department may disclose the presentence investigation only when:
(a) ordered by the court pursuant to Subsection 
63G-2-202
(7);
(b) requested by a law enforcement agency or other agency approved by the department
for purposes of supervision, confinement, and treatment of the offender;
(c) requested by the Board of Pardons and Parole;
(d) requested by the subject of the presentence investigation report or the subject's
authorized representative; or
(e) requested by the victim of the crime discussed in the presentence investigation
report or the victim's authorized representative, provided that the disclosure to the victim shall
include only information relating to statements or materials provided by the victim, to the
circumstances of the crime including statements by the defendant, or to the impact of the crime
on the victim or the victim's household.
(15) (a) The court shall consider home confinement as a condition of probation under
the supervision of the department, except as provided in Sections 
76-3-406
 and 
76-5-406.5
.
(b) The department shall establish procedures and standards for home confinement,
including electronic monitoring, for all individuals referred to the department in accordance
with Subsection (16).
(16) (a) If the court places the defendant on probation under this section, it may order
the defendant to participate in home confinement through the use of electronic monitoring as
described in this section until further order of the court.
(b) The electronic monitoring shall alert the department and the appropriate law
enforcement unit of the defendant's whereabouts.
(c) The electronic monitoring device shall be used under conditions which require:
(i) the defendant to wear an electronic monitoring device at all times; and
(ii) that a device be placed in the home of the defendant, so that the defendant's
compliance with the court's order may be monitored.
(d) If a court orders a defendant to participate in home confinement through electronic
monitoring as a condition of probation under this section, it shall:
(i) place the defendant on probation under the supervision of the Department of
Corrections;
(ii) order the department to place an electronic monitoring device on the defendant and
install electronic monitoring equipment in the residence of the defendant; and
(iii) order the defendant to pay the costs associated with home confinement to the
department or the program provider.
(e) The department shall pay the costs of home confinement through electronic
monitoring only for those persons who have been determined to be indigent by the court.
(f) The department may provide the electronic monitoring described in this section
either directly or by contract with a private provider.
Section 4. Section 
77-18-6
 is amended to read:
77-18-6.
Judgment to pay fine or restitution constitutes a lien.
(1) (a) In cases not supervised by the Department of Corrections, the clerk of the
district court shall:
(i) transfer the responsibility to collect past due accounts receivable to the Office of
State Debt Collection when the accounts receivable are 90 days or more past due;
(ii) before transferring the responsibility to collect the past due account receivable to
the Office of State Debt Collection, record each judgment of conviction of a crime that orders
the payment of a fine, forfeiture, surcharge, cost permitted by statute, or fee in the registry of
civil judgments, listing the Office of State Debt Collection as the judgment creditor; and
(iii) receive notification from the Office of State Debt Collection when a civil
judgment ordered for payment of accounts receivable[
, as defined
] in Section [
76-3-201.1
,
]
77-32a-102
 or 
77-32a-103
 has been satisfied.
(b) (i) The clerk of court shall record each judgment of conviction that orders the
payment of restitution to a victim in the registry of civil judgments, listing the victim, or the
estate of the victim, as the judgment creditor.
(ii) The Department of Corrections shall collect the judgment on behalf of the victim as
provided in Subsection 
77-18-1
(9).
(iii) The court shall collect the judgment on behalf of the victim as provided in
Subsection 
78A-2-214
(2).
(iv) The victim may collect the judgment.
(v) The victim is responsible for timely renewal of the judgment under Section
78B-5-202
.
(2) When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registry
of civil judgments, the judgment:
(a) constitutes a lien;
(b) has the same effect and is subject to the same rules as a judgment for money in a
civil action; and
(c) may be collected by any means authorized by law for the collection of a civil
judgment.
Section 5. Section 
77-20-4
 is amended to read:
77-20-4.
Bail to be posted in cash, by credit or debit card, or by written
undertaking.
(1) Bail may be posted:
(a) in cash;
(b) by written undertaking with or without sureties at the discretion of the magistrate;
or
(c) by credit or debit card, at the discretion of the judge or bail commissioner.
(2) Bail may not be accepted without receiving in writing at the time the bail is posted
the current mailing address, telephone number, and email address of the surety.
(3) Bail posted by debit or credit card, less the fee charged by the financial institution,
shall be tendered to the courts.
(4) Bail refunded by the court may be refunded by credit to the debit or credit card, or
cash. The amount refunded shall be the full amount received by the court under Subsection
(3), which may be less than the full amount of the bail set by the court.
(5) Before refunding bail that is posted by the defendant in cash, by credit card, or by
debit card, the court may apply the amount posted toward accounts receivable, as defined in
Section [
76-3-201.1
] 
77-32a-101
, that are owed by the defendant in the priority set forth in
Section 
77-38a-404
.
Section 6. Section 
77-27-5
 is amended to read:
77-27-5.
Board of Pardons and Parole authority.
(1) (a) The Board of Pardons and Parole shall determine by majority decision when and
under what conditions, subject to this chapter and other laws of the state, persons committed to
serve sentences in class A misdemeanor cases at penal or correctional facilities which are under
the jurisdiction of the Department of Corrections, and all felony cases except treason or
impeachment or as otherwise limited by law, may be released upon parole, pardoned, ordered
to pay restitution, or have their fines, forfeitures, or restitution remitted, or their sentences
commuted or terminated.
(b) The board may sit together or in panels to conduct hearings. The chair shall
appoint members to the panels in any combination and in accordance with rules promulgated
by the board, except in hearings involving commutation and pardons. The chair may
participate on any panel and when doing so is chair of the panel. The chair of the board may
designate the chair for any other panel.
(c) No restitution may be ordered, no fine, forfeiture, or restitution remitted, no parole,
pardon, or commutation granted or sentence terminated, except after a full hearing before the
board or the board's appointed examiner in open session. Any action taken under this
subsection other than by a majority of the board shall be affirmed by a majority of the board.
(d) A commutation or pardon may be granted only after a full hearing before the board.
(e) The board may determine restitution as provided in Section 
77-27-6
 and Subsection
77-38a-302
(5)(d)[
(iii)(A)
]
(ii)
.
(2) (a) In the case of original parole grant hearings, rehearings, and parole revocation
hearings, timely prior notice of the time and location of the hearing shall be given to the
defendant, the county or district attorney's office responsible for prosecution of the case, the
sentencing court, law enforcement officials responsible for the defendant's arrest and
conviction, and whenever possible, the victim or the victim's family.
(b) Notice to the victim, his representative, or his family shall include information
provided in Section 
77-27-9.5
, and any related rules made by the board under that section. 
This information shall be provided in terms that are reasonable for the lay person to
understand.
(3) Decisions of the board in cases involving paroles, pardons, commutations or
terminations of sentence, restitution, or remission of fines or forfeitures are final and are not
subject to judicial review. Nothing in this section prevents the obtaining or enforcement of a
civil judgment, including restitution as provided in Section 
77-27-6
.
(4) This chapter may not be construed as a denial of or limitation of the governor's
power to grant respite or reprieves in all cases of convictions for offenses against the state,
except treason or conviction on impeachment. However, respites or reprieves may not extend
beyond the next session of the Board of Pardons and Parole and the board, at that session, shall
continue or terminate the respite or reprieve, or it may commute the punishment, or pardon the
offense as provided. In the case of conviction for treason, the governor may suspend execution
of the sentence until the case is reported to the Legislature at its next session. The Legislature
shall then either pardon or commute the sentence, or direct its execution.
(5) In determining when, where, and under what conditions offenders serving sentences
may be paroled, pardoned, have restitution ordered, or have their fines or forfeitures remitted,
or their sentences commuted or terminated, the board shall consider whether the persons have
made or are prepared to make restitution as ascertained in accordance with the standards and
procedures of Section 
77-38a-302
, as a condition of any parole, pardon, remission of fines or
forfeitures, or commutation or termination of sentence.
(6) In determining whether parole may be terminated, the board shall consider the
offense committed by the parolee, the parole period as provided in Section 
76-3-202
, and in
accordance with Section 
77-27-13
.
Section 7. Section 
77-27-6
 is amended to read:
77-27-6.
Payment of restitution.
(1) When the Board of Pardons and Parole orders the release on parole of an inmate
who has been sentenced to make restitution pursuant to Title 77, Chapter 38a, Crime Victims
Restitution Act, or whom the board has ordered to make restitution, and all or a portion of
restitution is still owing, the board may establish a schedule, including both complete and
court-ordered restitution, by which payment of the restitution shall be made, or order
compensatory or other service in lieu of or in combination with restitution. In fixing the
schedule and supervising the paroled offender's performance, the board may consider the
factors specified in Section 
77-38a-302
.
(2) (a) The board may impose any court order for restitution.
(b) In accordance with Subsection 
77-38a-302
(5)(d)[
(iii)(A)
]
(ii)
, the board may order
that a defendant make restitution for pecuniary damages that were not determined by the court,
unless the board applying the criteria as set forth in Section 
77-38a-302
 determines that
restitution is inappropriate.
(c) Except as provided in Subsection (2)(d), the board shall make all orders of
restitution within 60 days after the termination or expiration of the defendant's sentence.
(d) If, upon termination or expiration of a defendant's sentence, the board has
continuing jurisdiction over the defendant for a separate criminal offense, the board may defer
making an order of restitution until termination or expiration of all sentences for that
defendant.
(3) The board may also make orders of restitution for recovery of any or all costs
incurred by the Department of Corrections or the state or any other agency arising out of the
defendant's needs or conduct.
(4) If the defendant, upon termination or expiration of the sentence owes outstanding
fines, restitution, or other assessed costs, or if the board makes an order of restitution within 60
days after the termination or expiration of the defendant's sentence, the matter shall be referred
to the district court for civil collection remedies. The Board of Pardons and Parole shall
forward a restitution order to the sentencing court to be entered on the judgment docket. The
entry shall constitute a lien and is subject to the same rules as a judgment for money in a civil
judgment.
Section 8. Section 
77-32a-101
 is enacted to read:
CHAPTER 32a. CRIMINAL ACCOUNTS RECEIVABLE AND DEFENSE COSTS
 77-32a-101.
Definitions.
As used in this chapter:
(1) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
surcharges, costs, interest, penalties, restitution to victims, third party claims, claims,
reimbursement of a reward, and damages.
(2) "Criminal judgment accounts receivable" means any amounts owed by a criminal
defendant arising from a criminal judgment that has not been paid. This includes fines,
surcharges, costs, interest, and restitution.
(3) "Default" means an account receivable that is overdue by at least 90 days.
(4) "Delinquent" means an account receivable or installment payment that is overdue
by more than 28 but less than 90 days.
Section 9. Section 
77-32a-102
 is enacted to read:
 77-32a-102.
Creation of criminal judgment account receivable.
(1) At the time of sentencing or acceptance of a plea in abeyance, the court shall
establish the criminal accounts receivable, as determined in this chapter including all amounts
then owing, including, as applicable, fines, fees, surcharges, costs, restitution, and interest.
(2) After creating the account receivable, the court:
(a) shall, in the case of felonies where a prison sentence is imposed and not suspended,
enter any unpaid criminal judgment account receivable as a civil judgment and transfer the
responsibility for collecting the judgment to the Office of State Debt Collection;
(b) may, in other cases, permit a defendant to pay the criminal judgment account
receivable by a date certain or in installments; or
(c) may, in other cases where the court finds that collection of the account by the court
would not be feasible, enter any unpaid criminal judgment account receivable as a civil
judgment and transfer the responsibility for collecting the judgement to the Office of State Debt
Collection.
(3) A court allowing installment payments does not limit the ability of a judgment
creditor to pursue collection by any means allowable by law.
(4) If the court makes restitution or another financial decision at a time after sentencing
that increase the total amount owed in a case, the criminal accounts receivable balance shall be
adjusted to include the new amounts determined by the court.
(5) The court may modify the amount and number of any delayed payments, as justice
requires, at any time before the time for default as outlined in Subsection 
77-32a-103
(2).
(6) In the district court, the delayed payment shall include post judgment interest.
Section 10. Section 
77-32a-103
 is enacted to read:
 77-32a-103.
Past due accounts or payments -- Authority to send to Office of State
Debt collection independent of probation status.
(1) If a criminal judgment account receivable retained by the court becomes more than
days past due, the court may, without a motion or a hearing, record the unpaid balance of the
account receivable as a civil judgment and transfer the responsibility for collecting the
judgment to the Office of State Debt Collection.
(2) If a criminal judgment account receivable retained by the court is more than 90 days
past due, the district court shall, without a motion or hearing, record the unpaid balance of the
criminal judgment account receivable as a civil judgment and transfer the responsibility for
collecting the criminal judgment account receivable to the Office of State Debt Collection.
Section 11. Section 
77-32a-104
 is enacted to read:
 77-32a-104.
Delinquency and default as contempt of court.
(1) If a criminal judgment accounts receivable, or any installment due, becomes
delinquent, the court, upon motion of the prosecutor, a judgment creditor, or upon the court's
own motion, may order the defendant to appear and show cause why the delinquency should
not be treated as contempt of court as provided in Section 
78B-6-317
.
(2) After the hearing, if it appears to the satisfaction of the court that the default is not
contempt, the court may enter an order for any of the following or any combination of the
following:
(a) require the defendant to pay the criminal judgment account receivable or a specified
part of the criminal judgment account receivable by a date certain;
(b) restructure the payment schedule;
(c) restructure the installment amount;
(d) except as limited by Subsection (4), satisfy the criminal judgment account
receivable or any part of the criminal judgment account receivable with proof of compensatory
service at a rate of credit at not less than $10 for each hour of compensatory service;
(e) except as limited by Subsection (4), reduce or revoke the unpaid amount of the
criminal judgment account receivable; or
(f) record the unpaid balance of the criminal judgment account receivable as a civil
judgment and transfer the responsibility for collecting the judgment to the Office of State Debt
Collection.
(3) The court may add postjudgment interest to the total accounts receivable if not
previously ordered or included.
(4) If the court determines that the nonpayment does constitute contempt the court shall
address the contempt as provided in Section 
78B-6-317
.
(5) In issuing an order under this section, the court may not modify the amount of the
judgment of complete restitution.
(6) If the defendant is a corporation or unincorporated association, any contempt
proceeding authorized by this section shall cite the person authorized to make disbursement
from the assets of the corporation or association.
Section 12. Section 
77-32a-105
 is enacted to read:
 77-32a-105.
Accounts with balances at termination of probation.
(1) When a defendant successfully terminates probation and has a nondelinquent
criminal judgment account receivable with an outstanding balance, the court shall retain the
account and allow the defendant to continue paying off the account.
(2) Should any balance become delinquent or in default, the court shall take
appropriate action pursuant to Section 
77-32a-103
 or 
77-32a-104
.
Section 13. Section 
77-32a-106
 is enacted to read:
 77-32a-106.
Transfer of collection responsibility does not affect probation.
If a court transfers a criminal account receivable to the Office of State Debt Collection
that includes an amount of court-ordered restitution, the payment of which is a term of
probation pursuant to Subsection 
77-18-1
(8), the transfer may not affect the court's ability to
monitor the payment as a condition of probation.
Section 14. Section 
77-32a-107
, which is renumbered from Section 77-32a-2 is
renumbered and amended to read:
[
77-32a-2
].
 77-32a-107.
Costs -- What constitute.
Costs shall be limited to expenses specially incurred by the state or any political
subdivision in investigating, searching for, apprehending, and prosecuting the defendant,
including attorney fees of counsel assigned to represent the defendant, [
interpreter fees,
] and
investigators' fees. Costs [
cannot
] 
may not
 include expenses inherent in providing a
constitutionally guaranteed trial or expenditures in connection with the maintenance and
operation of government agencies that must be made by the public irrespective of specific
violations of law. Costs [
cannot
] 
may not
 include [
attorneys'
] 
attorney
 fees for prosecuting
attorneys.
Section 15. Section 
77-32a-108
, which is renumbered from Section 77-32a-3 is
renumbered and amended to read:
[
77-32a-3
].
 77-32a-108.
Ability to pay considered.
The court [
shall
] 
may
 not include in the judgment a sentence that a defendant pay costs
unless the defendant is or will be able to pay them. In determining the amount [
and method of
payment
] of costs, the court shall take 
into
 account [
of
] the financial resources of the defendant
[
and
]
,
 the nature of the burden that payment of costs will impose
,
 and that restitution [
be
] 
is
 the
first priority.
Section 16. Section 
77-32a-109
, which is renumbered from Section 77-32a-4 is
renumbered and amended to read:
[
77-32a-4
].
 77-32a-109.
Petition for remission of payment of costs.
A defendant who has been [
sentenced
] 
ordered
 to pay costs and who is not[
 in
contumacious default
] 
delinquent
 in the payment thereof may at any time petition the
sentencing
 court [
which sentenced him for remission of the payment of costs or of
] 
to reduce
any unpaid portion [
thereof
] 
of those costs
. If it appears to the satisfaction of the court that
payment of the amount due will impose manifest hardship on the defendant or [
his
] 
the
defendant's
 immediate family, the court may remit all or part of the amount due in costs, or
modify the method of payment under Section [
77-32a-5
] 
77-32a-104
.
Section 17. Section 
77-32a-110
, which is renumbered from Section 77-32a-14 is
renumbered and amended to read:
[
77-32a-14
].
 77-32a-110.
Verified statement of time and expenses of
counsel for indigent defendants.
The court may require a verified statement of time and expenses from appointed
counsel or the nonprofit legal aid or other association providing counsel to convicted indigent
defendants in order to establish the costs, if any, which will be included in the judgment.
Section 18. Section 
77-38-3
 is amended to read:
77-38-3.
Notification to victims -- Initial notice, election to receive subsequent
notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact
order.
(1) Within seven days of the filing of felony criminal charges against a defendant, the
prosecuting agency shall provide an initial notice to reasonably identifiable and locatable
victims of the crime contained in the charges, except as otherwise provided in this chapter.
(2) The initial notice to the victim of a crime shall provide information about electing
to receive notice of subsequent important criminal justice hearings listed in Subsections
77-38-2
(5)(a) through (f) and rights under this chapter.
(3) The prosecuting agency shall provide notice to a victim of a crime[
: (a)
] for the
important criminal justice hearings, provided in Subsections 
77-38-2
(5)(a) through (f), which
the victim has requested[
; and
]
.
[
(b) for restitution requests to be submitted as provided in Subsection
77-38a-302
(5)(d).
] 
(4) (a) The responsible prosecuting agency may provide initial and subsequent notices
in any reasonable manner, including telephonically, electronically, orally, or by means of a
letter or form prepared for this purpose.
(b) In the event of an unforeseen important criminal justice hearing, listed in
Subsections 
77-38-2
(5)(a) through (f) for which a victim has requested notice, a good faith
attempt to contact the victim by telephone shall be considered sufficient notice, provided that
the prosecuting agency subsequently notifies the victim of the result of the proceeding.
(5) (a) The court shall take reasonable measures to ensure that its scheduling practices
for the proceedings provided in Subsections 
77-38-2
(5)(a) through (f) permit an opportunity for
victims of crimes to be notified.
(b) The court shall also consider whether any notification system it might use to
provide notice of judicial proceedings to defendants could be used to provide notice of those
same proceedings to victims of crimes.
(6) A defendant or, if it is the moving party, Adult Probation and Parole, shall give
notice to the responsible prosecuting agency of any motion for modification of any
determination made at any of the important criminal justice hearings provided in Subsections
77-38-2
(5)(a) through (f) in advance of any requested court hearing or action so that the
prosecuting agency may comply with its notification obligation.
(7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and
Parole for the important criminal justice hearing provided in Subsection 
77-38-2
(5)(g).
(b) The board may provide notice in any reasonable manner, including telephonically,
electronically, orally, or by means of a letter or form prepared for this purpose.
(8) Prosecuting agencies and the Board of Pardons and Parole are required to give
notice to a victim of a crime for the proceedings provided in Subsections 
77-38-2
(5)(a) through
(f) only where the victim has responded to the initial notice, requested notice of subsequent
proceedings, and provided a current address and telephone number if applicable.
(9) (a) Law enforcement and criminal justice agencies shall refer any requests for
notice or information about crime victim rights from victims to the responsible prosecuting
agency.
(b) In a case in which the Board of Pardons and Parole is involved, the responsible
prosecuting agency shall forward any request for notice it has received from a victim to the
Board of Pardons and Parole.
(10) In all cases where the number of victims exceeds 10, the responsible prosecuting
agency may send any notices required under this chapter in its discretion to a representative
sample of the victims.
(11) (a) A victim's address, telephone number, and victim impact statement maintained
by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile Justice
Services, Department of Corrections, and Board of Pardons and Parole, for purposes of
providing notice under this section, is classified as protected as provided in Subsection
63G-2-305
(10).
(b) The victim's address, telephone number, and victim impact statement is available
only to the following persons or entities in the performance of their duties:
(i) a law enforcement agency, including the prosecuting agency;
(ii) a victims' right committee as provided in Section 
77-37-5
;
(iii) a governmentally sponsored victim or witness program;
(iv) the Department of Corrections;
(v) the Utah Office for Victims of Crime;
(vi) the Commission on Criminal and Juvenile Justice; and
(vii) the Board of Pardons and Parole.
(12) The notice provisions as provided in this section do not apply to misdemeanors as
provided in Section 
77-38-5
 and to important juvenile justice hearings as provided in Section
77-38-2
.
(13) (a) When a defendant is charged with a felony crime under Sections 
76-5-301
through 
76-5-310
 regarding kidnapping, human trafficking, and human smuggling; Sections
76-5-401
 through 
76-5-413
 regarding sexual offenses; or Section 
76-10-1306
 regarding
aggravated exploitation of prostitution, the court may, during any court hearing where the
defendant is present, issue a pretrial criminal no contact order:
(i) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
communicating with the victim directly or through a third party;
(ii) ordering the defendant to stay away from the residence, school, place of
employment of the victim, and the premises of any of these, or any specified place frequented
by the victim or any designated family member of the victim directly or through a third party;
and
(iii) ordering any other relief that the court considers necessary to protect and provide
for the safety of the victim and any designated family or household member of the victim.
(b) Violation of a pretrial criminal no contact order issued pursuant to this section is a
third degree felony.
(c) (i) The court shall provide to the victim a certified copy of any pretrial criminal no
contact order that has been issued if the victim can be located with reasonable effort.
(ii) The court shall also transmit the pretrial criminal no contact order to the statewide
domestic violence network in accordance with Section 
78B-7-113
.
Section 19. Section 
77-38a-102
 is amended to read:
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:
(a) any 
misdemeanor or felony
 offense of which the defendant is convicted; or
(b) any other criminal conduct for which the defendant admits responsibility to the
sentencing court with or 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 the
condition that a defendant agree to participate in a rehabilitation program, make restitution to
the victim, 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 yet
incurred, [
including those
] which a person could recover in a civil action arising out of the
facts or events constituting the defendant's criminal activities and includes the fair market value
of property taken, destroyed, broken, or otherwise harmed, and losses
,
 including lost earnings[
,
including those and other travel expenses reasonably incurred as a result of participation in
criminal proceedings, and medical and other
] 
and medical
 expenses, but excludes punitive or
exemplary damages and pain and suffering.
(7) "Plea agreement" means an agreement entered between the prosecution and
defendant setting forth the special terms and conditions and criminal charges upon which the
defendant will enter a plea of guilty or no contest.
(8) "Plea disposition" means an agreement entered into between the prosecution and
defendant including diversion, plea agreement, plea in abeyance agreement, or any agreement
by which the defendant may enter a plea in any other jurisdiction or where charges are
dismissed without a plea.
(9) "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.
(10) "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.
(11) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
victim, 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 a
governmental 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 an
offender; and
(ii) that has been paid to a person or persons who provide this information, except that
the 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 the
public.
(13) "Screening" means the process used by a prosecuting attorney to terminate
investigative action, proceed with prosecution, move to dismiss a prosecution that has been
commenced, or cause a prosecution to be diverted.
(14) (a) "Victim" means any person or entity, including the Utah Office for Victims of
Crime, who the court determines has suffered pecuniary damages as a result of the defendant's
criminal activities.
(b) "Victim" may not include a codefendant or accomplice.
Section 20. Section 
77-38a-301
 is amended to read:
77-38a-301.
Restitution -- Convicted defendant may be required to pay.
In a criminal action, the court may require a 
defendant who enters into a plea
disposition or is
 convicted [
defendant
] to make restitution.
Section 21. Section 
77-38a-302
 is amended to read:
77-38a-302.
Restitution criteria.
(1) When a defendant 
enters into a plea disposition or
 is convicted of criminal activity
that has resulted in pecuniary damages, in addition to any other sentence 
or term of a plea in
abeyance
 it may impose, the court shall order that the defendant make restitution to victims of
crime as provided in this chapter, or for conduct for which the defendant has agreed to make
restitution as part of a plea disposition. For purposes of restitution, [
a victim has the meaning
as
] 
"victim" means the same as that term is
 defined in Subsection 
77-38a-102
(14) [
and in
]
. In
determining whether restitution is appropriate, the court shall follow the criteria and procedures
as provided in Subsections (2) through (5).
(2) In determining restitution, the court shall determine complete restitution and
court-ordered restitution.
(a) "Complete restitution" means restitution necessary to compensate a victim for all
losses caused by the defendant.
(b) "Court-ordered restitution" means the restitution the court having criminal
jurisdiction orders the defendant to pay as a part of the criminal sentence 
at the time of
sentencing or within one year after sentencing
.
(c) Complete restitution and court-ordered restitution shall be determined as provided
in Subsection (5).
(3) If the court determines that restitution is appropriate or inappropriate under this
part, the court shall make the reasons for the decision part of the court record.
(4) If the defendant objects to the imposition, amount, or distribution of the restitution,
the court shall allow the defendant a full hearing on the issue.
(5) (a) For the purpose of determining restitution for an offense, the offense shall
include any criminal conduct admitted by the defendant to the sentencing court or to which the
defendant agrees to pay restitution. A victim of an offense that involves as an element a
scheme, a conspiracy, or a pattern of criminal activity, includes any person directly harmed by
the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.
(b) In determining the monetary sum and other conditions for complete restitution, the
court shall consider all relevant facts, including:
(i) the cost of the damage or loss if the offense resulted in damage to or loss or
destruction of property of a victim of the offense;
(ii) the cost of necessary medical and related professional services and devices relating
to physical or mental health care, including nonmedical care and treatment rendered in
accordance with a method of healing recognized by the law of the place of treatment;
(iii) the cost of necessary physical and occupational therapy and rehabilitation;
(iv) the income lost by the victim as a result of the offense 
if the offense resulted in
bodily injury to a victim
;
(v) 
up to five days of
 the individual victim's [
reasonable
] determinable wages that are
lost due to theft of or damage to tools or equipment items of a trade that were owned by the
victim and were essential to the victim's current employment at the time of the offense; and
(vi) the cost of necessary funeral and related services if the offense resulted in the death
of a victim.
(c) In determining the monetary sum and other conditions for court-ordered restitution,
the court shall consider:
(i) the factors listed in Subsections (5)(a) and (b);
(ii) the financial resources of the defendant, as disclosed in the financial declaration
described in Section 
77-38a-204
;
(iii) the burden that payment of restitution will impose, with regard to the other
obligations of the defendant;
(iv) the ability of the defendant to pay restitution on an installment basis or on other
conditions to be fixed by the court;
(v) the rehabilitative effect on the defendant of the payment of restitution and the
method of payment; and
(vi) other circumstances that the court determines may make restitution inappropriate.
(d) (i) [
The prosecuting agency shall submit all requests for
] 
Except as provided in
Subsection (5)(d)(ii), the court shall determine
 complete restitution and court
-
ordered
restitution [
to the court
]
, and make all restitution orders
 at the time of sentencing if feasible,
otherwise within one year after sentencing.
[
(ii) If a defendant is placed on probation pursuant to Section 
77-18-1
:
]
[
(A) the court shall determine complete restitution and court ordered restitution; and
]
[
(B) the time period for determination of complete restitution and court ordered
restitution may be extended by the court upon a finding of good cause, but may not exceed the
period of the probation term served by the defendant.
]
[
(iii) If the defendant is committed to prison:
] 
[
(A) any
] 
(ii) Any
 pecuniary damages that have not been determined by the court
within one year after sentencing may be determined by the Board of Pardons and Parole[
; and
]
.
[
(B) the
] 
(e) The
 Board of Pardons and Parole may, within one year after sentencing,
refer an order of judgment and commitment back to the court for determination of restitution.
Section 22. Section 
77-38a-404
 is amended to read:
77-38a-404.
Priority.
(1) Restitution payments made pursuant to a court order shall be disbursed to victims
within 60 days of receipt from the defendant by the court or department provided:
(a) the victim has complied with Subsection 
77-38a-203
(1)(b);
(b) if the defendant has tendered a negotiable instrument, funds from the financial
institution are actually received; and
(c) the payment to the victim is at least $5, unless the payment is the final payment.
(2) If restitution to more than one person, agency, or entity is required at the same time,
the department shall establish the following priorities of payment, except as provided in
Subsection (4):
(a) the crime victim;
(b) the Utah Office for Victims of Crime;
(c) any other government agency which has provided reimbursement to the victim as a
result of the offender's criminal conduct;
(d) the person, entity, or governmental agency that has offered and paid a reward under
Section [
76-3-201.1
] 
77-32a-101
 or 
78A-6-117
;
(e) any insurance company which has provided reimbursement to the victim as a result
of the offender's criminal conduct; and
(f) any county correctional facility to which the defendant is required to pay restitution
under Subsection 
76-3-201
(6).
(3) Restitution ordered under Subsection (2)(f) is paid after criminal fines and
surcharges are paid.
(4) If the offender is required under Section 
53-10-404
 to reimburse the department for
the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after
restitution to the crime victim under Subsection (2)(a).
(5) All money collected for court-ordered obligations from offenders by the department
will be applied:
(a) first, to victim restitution, except the current and past due amount of $30 per month
required to be collected by the department under Section 
64-13-21
, if applicable; and
(b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection
(4).
(6) Restitution owed to more than one victim shall be disbursed to each victim
according to the percentage of each victim's share of the total restitution order.
Section 23. Section 
77-38a-501
 is amended to read:
77-38a-501.
Default and sanctions.
(1) When a defendant defaults in the payment of a judgment for restitution or any
installment ordered, the court, on motion of the prosecutor, parole or probation agent, victim,
or on its own motion may impose sanctions against the defendant as provided in Section
[
76-3-201.1
] 
77-32a-104
.
(2) The court may not impose a sanction against the defendant under Subsection (1) if:
(a) the defendant's sole default in the payment of a judgement for restitution is the
failure to pay restitution ordered under Subsection 
76-3-201
(6) regarding costs of incarceration
in a county correctional facility; and
(b) the sanction would extend the defendant's term of probation or parole.
Section 24. Section 
78B-2-115
 is amended to read:
78B-2-115.
Actions by state or other governmental entity.
Except for the provisions of Section 
78B-2-116
, and the collection of criminal fines,
fees, and restitution by the Office of State Debt Collection in accordance with [
Sections
]
Section
63A-3-502
 and [
76-3-201.1
] 
Title 77, Chapter 32a, Criminal Accounts Receivable and
Defense Costs
, the limitations in this chapter apply to actions brought in the name of or for the
benefit of the state or other governmental entity the same as to actions by private parties.
Section 25. Section 
78B-6-317
 is enacted to read:
 78B-6-317.
Willful failure to pay criminal judgment accounts receivable.
(1) If a criminal judgment accounts receivable has become delinquent as defined in
Section 
77-32a-101
, the court, by motion of the prosecutor, a judgment creditor, the Office of
State Debt Collection, or on the court's own motion, may order the defendant to appear and
show cause why the delinquency should not be treated as contempt of court, as provided in this
section.
(2) (a) The moving party or a court clerk shall provide a declaration outlining the
nature of the debt and the delinquency.
(b) Upon receipt of that declaration, the court shall set the matter for a hearing and
provide notice of the hearing to the defendant by mailing notice of the hearing to the
defendant's last known address and by any other means the court finds likely to provide
defendant notice of the hearing.
(i) If it appears to the court that the defendant is not likely to appear at the hearing, the
court may issue an arrest warrant with a bail amount reasonably likely to guarantee the
defendant's appearance.
(ii) If the defendant is a corporation or an unincorporated association, the court shall
cite the person authorized to make disbursement from the assets of the corporation or
association to appear to answer for the alleged contempt.
(3) At the hearing the defendant is entitled to be represented by counsel and, if the
court is considering a period of incarceration as a potential sanction, appointed counsel if the
defendant is indigent.
(4) To find the defendant in contempt, the court shall find by a preponderance of the
evidence that the defendant:
(a) was aware of the obligation to pay the criminal judgment accounts receivable;
(b) had the capacity to:
(i) pay the criminal judgment accounts receivable in the manner ordered by the court;
or
(ii) seek an extension of the payments before they became delinquent; and
(c) did not make a good faith effort to make the payments or seek an extension.
(5) If the court finds the defendant in contempt for nonpayment, the court may impose
the sanctions for contempt as provided in Section 
78B-6-310
, subject to the limitations in
Subsections (6) through (8).
(6) If the court imposes a jail sanction for the contempt, the number of jail days may
not exceed one day for each $100 of the amount the court finds was contemptuously unpaid, up
to a maximum of five days for contempt arising from a class B misdemeanor or lesser offense,
and 30 days for a class A misdemeanor or felony offense.
(7) Any jail sanction imposed for contempt under this section shall serve to satisfy the
criminal judgment account receivable at $100 for each day served. Amounts satisfied under this
Subsection (7) may not include restitution amounts ordered by the court in accordance with
Title 77, Chapter 38a, Crime Victims Restitution Act.
(8) Any financial penalty authorized by Section 
78B-6-310
 and ordered by the court
may only become due after the satisfaction of the original criminal account receivable.
(9) The order of the court finding the defendant in contempt and ordering sanctions is a
final appealable order.
Section 26. 
Repealer.
This bill repeals:
Section 
76-3-201.1
,
Collection of criminal judgment accounts receivable.
Section 
77-32a-1
,
Convicted defendant may be required to pay costs.
Section 
77-32a-5
,
Time and method of payment.
Section 
77-32a-6
,
Payment as condition of probation or suspended sentence.
Section 
77-32a-7
,
Default in payment as contempt -- Order to show cause --
Warrant of arrest.
Section 
77-32a-8
,
Default in payment as contempt -- What constitutes contempt --
Imprisonment.
Section 
77-32a-9
,
Costs imposed on corporation or association -- Duty to pay --
Contempt.
Section 
77-32a-10
,
Imprisonment for contempt -- Limitations.
Section 
77-32a-11
,
Default not constituting contempt -- Relief allowed.
Section 
77-32a-12
,
Collection of payment in default -- Execution.
Section 
77-32a-13
,
Docketing judgment for costs.
Legislative Review Note
Office of Legislative Research and General Counsel