Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 135 (2023GS)

Sponsor

Sen. Pitcher, S.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies the fees charged by a sheriff for government transportation of a prisoner to a court proceeding in a civil action;
• repeals provisions regarding government transportation costs that are ordered as part of a criminal sentence;
• amends the requirements for reporting transportation costs to the clerk of the court;
• amends provisions related to costs ordered by a court as part of a criminal sentence; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

GOVERNMENT TRANSPORTATION COST AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: 
Ryan D. Wilcox
LONG TITLE
General Description:
This bill amends provisions related to government transportation costs for individuals
charged with or convicted of a crime.
Highlighted Provisions:
This bill:
▸ clarifies the fees charged by a sheriff for government transportation of a prisoner to
a court proceeding in a civil action;
▸ repeals provisions regarding government transportation costs that are ordered as part
of a criminal sentence;
▸ amends the requirements for reporting transportation costs to the clerk of the court;
▸ amends provisions related to costs ordered by a court as part of a criminal sentence;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-22-2.5
, as last amended by Laws of Utah 2018, Chapter 86
17-50-319
, as last amended by Laws of Utah 2021, Chapter 260
76-3-201
, as repealed and reenacted by Laws of Utah 2021, Chapter 260 and last
amended by Coordination Clause, Laws of Utah 2021, Chapter 261
77-7-5
, as last amended by Laws of Utah 2022, Chapter 131
77-30-24
, as last amended by Laws of Utah 2021, Chapter 260
77-32b-104
, as renumbered and amended by Laws of Utah 2021, Chapter 260
78B-22-1002
, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-22-2.5
 is amended to read:
17-22-2.5.
Fees of sheriff.
(1) (a) The legislative body of a county may set a fee for a service described in this
section and charged by the county sheriff:
(i) in an ordinance adopted under Section 
17-53-223
; and
(ii) in an amount reasonably related to, but not exceeding, the actual cost of providing
the service.
(b) If the legislative body of a county does not under Subsection (1)(a) set a fee
charged by the county sheriff, the sheriff shall charge a fee in accordance with Subsections (2)
through (7).
(2) Unless under Subsection (1) the legislative body of a county sets a fee amount for a
fee described in this Subsection (2), the sheriff shall charge the following fees:
(a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and
complaint, or garnishee execution, or other process by which an action or proceeding is
commenced, on each defendant, including copies when furnished by plaintiff, $20;
(b) for taking or approving a bond or undertaking in any case in which he is authorized
to take or approve a bond or undertaking, including justification, $5;
(c) for a copy of any writ, process or other paper when demanded or required by law,
for each folio, 50 cents;
(d) for serving an attachment on property, or levying an execution, or executing an
order of arrest or an order for the delivery of personal property, including copies when
furnished by plaintiff, $50;
(e) for taking and keeping possession of and preserving property under attachment or
execution or other process, the amount the court orders to a maximum of $15 per day;
(f) for advertising property for sale on execution, or any judgment, or order of sale,
exclusive of the cost of publication, $15;
(g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive
of acknowledgment, $15, to be paid by the grantee;
(h) for recording each deed, conveyance, or other instrument affecting real estate,
exclusive of the cost of recording, $10, to be paid by the grantee;
(i) for serving a writ of possession or restitution, and putting any person entitled to
possession into possession of premises, and removing occupant, $50;
(j) for holding each trial of right of property, to include all services in the matter,
except mileage, $35;
(k) for conducting, postponing, or canceling a sale of property, $15;
(l) for transporting a prisoner to and from prison to attend court proceedings in a civil
case, $2.50 for each mile necessarily traveled, up to a maximum of 100 miles;
[
(l) for taking a prisoner in civil cases from prison before a court or magistrate, for
each mile necessarily traveled, in going only, to a maximum of 100 miles, $2.50;
]
[
(m) for taking a prisoner from the place of arrest to prison, in civil cases, or before a
court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100
miles, $2.50;
]
[
(n)
] 
(m)
 for receiving and paying over money on execution or other process, as
follows:
(i) if the amount collected does not exceed $1,000, 2% of this amount, with a
minimum of $1; and
(ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the
balance; and
[
(o)
] 
(n)
 for executing in duplicate a certificate of sale, exclusive of filing it, $10.
(3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertising
shall be collected from the judgment debtor as part of the execution in the same manner as the
sum directed to be made.
(4) When serving an attachment on property, an order of arrest, or an order for the
delivery of personal property, the sheriff may only collect traveling fees for the distance
actually traveled beyond the distance required to serve the summons if the attachment or those
orders:
(a) accompany the summons in the action; and
(b) may be executed at the time of the service of the summons.
(5) (a) (i) When traveling generally to serve notices, orders, process, or other papers,
the sheriff may receive, except as otherwise provided under Subsection (1)(a), $2.50 for each
mile necessarily traveled, in going only, computed from the courthouse for each person served,
to a maximum of 100 miles.
(ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may
receive, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarily
traveled, in going only, computed from the post office where received for each person served,
to a maximum of 100 miles.
(b) The sheriff may only charge one mileage fee if any two or more papers are required
to be served in the same action or proceeding at the same time and at the same address.
(c) If it is necessary to make more than one trip to serve any notice, order, process, or
other paper, the sheriff may not collect more than two additional mileage charges.
(6) (a) For transporting a patient to the Utah State Hospital or to or from a hospital or a
mental health facility, as defined in Section 
62A-15-602
, when the cost of transportation is
payable by private individuals, the sheriff may collect, except as otherwise provided under
Subsection (1)(a), $2.50 for each mile necessarily traveled, in going only, to a maximum of 100
miles.
(b) If the sheriff requires assistance to transport the person, the sheriff may also charge
the actual and necessary cost of that assistance.
(7) (a) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under
Section 
53-10-404
, the sheriff shall collect the fee of $150 in accordance with Section
53-10-404
.
(b) The fee amount described in Subsection (7)(a) may not be changed by a county
legislative body under Subsection (1).
Section 2. Section 
17-50-319
 is amended to read:
17-50-319.
County charges enumerated.
(1) County charges are:
(a) charges incurred against the county by any law;
(b) the necessary expenses of the county attorney or district attorney incurred in
criminal cases arising in the county, and all other expenses necessarily incurred by the county
or district attorney in the prosecution of criminal cases, except jury and witness fees;
(c) the expenses of medical care as described in Section 
17-22-8
, and other expenses
necessarily incurred in the support of persons charged with or convicted of a criminal offense
and committed to the county jail, except as provided in Subsection (2);
(d) for a county not within the state district court administrative system, the sum
required by law to be paid jurors in civil cases;
(e) all charges and accounts for services rendered by any justice court judge for
services in the trial and examination of persons charged with a criminal offense not otherwise
provided for by law;
(f) the contingent expenses necessarily incurred for the use and benefit of the county;
(g) every other sum directed by law to be raised for any county purposes under the
direction of the county legislative body or declared a county charge;
(h) the fees of constables for services rendered in criminal cases;
(i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
cases arising in the county, and all other expenses necessarily incurred by the sheriff and
deputies in performing the duties imposed upon them by law;
(j) the sums required by law to be paid by the county to jurors and witnesses serving at
inquests and in criminal cases in justice courts; and
(k) subject to Subsection (2), expenses incurred by a health care facility or provider in
providing medical services, treatment, hospitalization, or related transportation, at the request
of a county sheriff for:
(i) persons booked into a county jail on a charge of a criminal offense; or
(ii) persons convicted of a criminal offense and committed to a county jail.
(2) (a) Expenses described in Subsections (1)(c) and (1)(k) are a charge to the county
only to the extent that they exceed any private insurance in effect that covers the expenses
described in Subsections (1)(c) and (1)(k).
(b) The county may collect costs of medical care, treatment, hospitalization, and related
transportation provided to the person described in Subsection (1)(k) who has the resources or
the ability to pay, subject to the following priorities for payment:
(i) first priority shall be given to restitution; and
(ii) second priority shall be given to family support obligations.
(c) A county may seek reimbursement from a person described in Subsection (1)(k) for
expenses incurred by the county in behalf of the inmate for medical care, treatment,
hospitalization, or related transportation by:
(i) deducting the cost from the inmate's cash account on deposit with the detention
facility during the inmate's incarceration or during a subsequent incarceration if the subsequent
incarceration occurs within the same county and the incarceration is within 10 years of the date
of the expense in behalf of the inmate;
(ii) placing a lien for the amount of the expense against the inmate's personal property
held by the jail; and
(iii) adding the amount of expenses incurred to any other amount owed by the inmate
to the jail upon the inmate's release in accordance with Subsection [
76-3-201
(4)(d)
]
76-3-201
(4)(c)
.
(d) An inmate who receives medical care, treatment, hospitalization, or related
transportation shall cooperate with the jail facility seeking payment or reimbursement under
this section for the inmate's expenses.
(e) If there is no contract between a county jail and a health care facility or provider
that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k)
shall be commensurate with:
(i) for a health care facility, the current noncapitated state Medicaid rates; and
(ii) for a health care provider, 65% of the amount that would be paid to the health care
provider:
(A) under the Public Employees' Benefit and Insurance Program, created in Section
49-20-103
; and
(B) if the person receiving the medical service were a covered employee under the
Public Employees' Benefit and Insurance Program.
(f) Subsection (1)(k) does not apply to expenses of a person held at the jail at the
request of an agency of the United States.
(g) A county that receives information from the Public Employees' Benefit and
Insurance Program to enable the county to calculate the amount to be paid to a health care
provider under Subsection (2)(e)(ii) shall keep that information confidential.
Section 3. Section 
76-3-201
 is amended to read:
76-3-201.
Sentences or combination of sentences allowed -- Restitution and other
costs -- Civil penalties.
(1) As used in this section:
(a) (i) "Convicted" means:
(A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a
mental illness; or
(B) having received a judgment of guilty or a judgment of guilty with a mental illness.
(ii) "Convicted" does not include an adjudication of an offense under Section 
80-6-701
.
(b) "Restitution" means the same as that term is defined in Section 
77-38b-102
.
(2) Within the limits provided by this chapter, a court may sentence an individual
convicted of an offense to any one of the following sentences, or combination of the following
sentences:
(a) to pay a fine;
(b) to removal or disqualification from public or private office;
(c) except as otherwise provided by law, to probation in accordance with Section
77-18-105
;
(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:
(i) to forfeit property;
(ii) to dissolve a corporation;
(iii) to suspend or cancel a license;
(iv) to permit removal of an individual from office;
(v) to cite for contempt; or
(vi) to impose any other civil penalty.
(b) A court may include a civil penalty in a sentence.
(4) In addition to any other sentence that a sentencing court may impose, the court shall
order an individual to:
(a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution
Act;
[
(b) subject to Subsection (5) and Section 
77-32b-104
, pay the cost of any government
transportation if the individual was:
]
[
(i) transported, in accordance with a court order, from one county to another county
within the state;
]
[
(ii) charged with a felony or a misdemeanor; and
]
[
(iii) convicted of an offense;
]
[
(c)
] 
(b)
 subject to Section 
77-32b-104
, pay the cost expended by an appropriate
governmental entity under Section 
77-30-24
 for the extradition of the individual if the
individual:
(i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve
pending criminal charges; and
(ii) is convicted of an offense in the county for which the individual is returned;
[
(d)
] 
(c)
 subject to Subsection [
(6)
] 
(5)
 and Subsections 
77-32b-104
(2), (3), and (4),
pay the cost of medical care, treatment, hospitalization, and related transportation, as described
in Section 
17-50-319
, that is provided by a county to the individual while the individual is in a
county correctional facility before and after sentencing if:
(i) the individual is convicted of an offense that results in incarceration in the county
correctional facility; and
(ii) (A) the individual is not a state prisoner housed in the county correctional facility
through a contract with the Department of Corrections; or
(B) the reimbursement does not duplicate the reimbursement under Section 
64-13e-104
if the individual is a state probationary inmate or a state parole inmate; and
[
(e)
] 
(d)
 pay any other cost that the court determines is appropriate under Section
77-32b-104
.
[
(5) (a) The court may not order an individual to pay the costs of government
transportation under Subsection (4)(b) if:
]
[
(i) the individual is charged with an infraction or a warrant is issued for an infraction
on a subsequent failure to appear; or
]
[
(ii) the individual was not transported in accordance with a court order.
]
[
(b) (i) The cost of governmental transportation under Subsection (4)(b) shall be
calculated according to the following schedule:
]
[
(A) $100 for up to 100 miles that an individual is transported;
]
[
(B) $200 for 100 miles to 200 miles that an individual is transported; and
]
[
(C) $350 for 200 miles or more that an individual is transported.
]
[
(ii) The schedule under Subsection (5)(b)(i) applies to each individual transported
regardless of the number of individuals transported in a single trip.
]
[
(6)
] 
(5)
 The cost of medical care under Subsection [
(4)(d)
] 
(4)(c)
 does 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
Americans with Disabilities Act, 42 U.S.C. 12101 through 12213, including medical and
mental health treatment for the inmate's disability.
Section 4. Section 
77-7-5
 is amended to read:
77-7-5.
Issuance of summons or warrant -- Time and place arrests may be made
-- Contents of warrant or summons -- Responsibility for transporting prisoners.
(1) As used in this section:
(a) "Daytime hours" means the hours after 6 a.m. and before 10 p.m.
(b) "Nighttime hours" means the hours after 10 p.m. and before 6 a.m.
(2) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance
of the accused only upon finding:
(a) probable cause to believe that the person to be arrested has committed a public
offense; and
(b) under the Utah Rules of Criminal Procedure, and this section that a warrant is
necessary to:
(i) prevent risk of injury to a person or property;
(ii) secure the appearance of the accused; or
(iii) protect the public safety and welfare of the community or an individual.
(3) If the offense charged is:
(a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b) a misdemeanor, the arrest upon a warrant may be made during nighttime hours only
if:
(i) the magistrate has endorsed authorization to do so on the warrant;
(ii) the person to be arrested is upon a public highway, in a public place, or in a place
open to or accessible to the public; or
(iii) the person to be arrested is encountered by a peace officer in the regular course of
that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for
arrest.
(4) (a) If the magistrate determines that the accused must appear in court, the
magistrate shall include in the arrest warrant the name of the law enforcement agency in the
county or municipality with jurisdiction over the offense charged.
(b) (i) The law enforcement agency identified by the magistrate under Subsection (4)(a)
is responsible for providing inter-county transportation of the defendant, if necessary, from the
arresting law enforcement agency to the court site.
(ii) The law enforcement agency named on the warrant may contract with another law
enforcement agency to have a defendant transported.
[
(c) (i) The law enforcement agency identified by the magistrate under Subsection
(4)(a) as responsible for transporting the defendant shall provide to the court clerk of the court
in which the defendant is tried, an affidavit stating that the defendant was transported,
indicating the law enforcement agency responsible for the transportation, and stating the
number of miles the defendant was transported.
]
[
(ii) The court clerk shall:
]
[
(A) account for a cost paid under Subsection 
76-3-201
(4)(b) for government
transportation; and
]
[
(B) dispense money collected by the court under Subsection (4)(c)(ii)(A) to the law
enforcement agency responsible for the transportation of a convicted defendant.
]
(5) The law enforcement agency identified by the magistrate under Subsection (4)(a)
shall indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and
legal holidays if a warrant issued in accordance with this section is an extradition warrant.
(6) The law enforcement agency identified by the magistrate under Subsection (4)(a)
shall report any changes to the status of a warrant issued in accordance with this section to the
Bureau of Criminal Identification.
Section 5. Section 
77-30-24
 is amended to read:
77-30-24.
Payment of expenses -- Extradition costs.
(1) (a) When the punishment of an offense is the confinement of the defendant in
prison, the expenses shall be paid out of the state treasury on the certificate of the governor and
warrant of the auditor.
(b) In all other cases, the expenses for confinement shall be paid out of the treasury of
the county where the offense is alleged to have been committed.
(c) The expenses shall be the fees paid to the officers of the state on whose governor
the requisition is made.
(2) If a defendant is returned to the state under this chapter and the defendant is
convicted of, or pleads guilty or no contest to, the offense or to a lesser offense, the defendant
may be required to pay the costs of extradition to the appropriate governmental entity as
described in Subsection [
76-3-201
(4)(c)
] 
76-3-201
(4)(b)
.
Section 6. Section 
77-32b-104
 is amended to read:
77-32b-104.
Costs -- What constitute costs -- Ability to pay.
(1) Except for a cost described in Subsection 
76-3-201
(4), [
costs shall be limited to
] 
a
court may order a defendant under Section 
76-3-201
 to pay costs for
 expenses incurred by the
state or any political subdivision of the state for investigating, searching for, apprehending, and
prosecuting the defendant, including:
(a) attorney fees of counsel assigned to represent the defendant;
(b) investigators' fees; or
(c) except for a monetary reward that is paid to a codefendant, an accomplice, or a
bounty hunter, a monetary reward that is:
(i) offered to the public in exchange for information that would lead to the
apprehension and conviction of the defendant; and
(ii) paid to a person who provided information that led to the apprehension and
conviction of the defendant.
(2) A cost 
under Subsection (1)
 may not include:
(a) expenses inherent in providing a constitutionally guaranteed trial;
(b) expenditures in connection with the maintenance and operation of government
agencies that must be made by the public irrespective of specific violations of law; [
or
]
(c) attorney fees for prosecuting attorneys[
.
]
; or
(d) expenses for government transportation to and from court proceedings related to the
prosecution of the offense for which the defendant is convicted.
(3) The court may not order a defendant to pay a cost, unless there is evidence that the
defendant is, or will be, able to pay the cost.
(4) In determining the amount of a cost that a defendant is ordered to pay, the court
shall take into account:
(a) the financial resources of the defendant;
(b) the nature of the burden that payment of the cost will impose; and
(c) that restitution is prioritized over any cost.
Section 7. Section 
78B-22-1002
 is amended to read:
78B-22-1002.
Recovery of costs for indigent defense services.
(1) Except as provided in Subsection (2), a court shall order an individual to pay the
indigent defense system for the cost of indigent defense services in accordance with Subsection
[
76-3-201
(4)(e)
] 
76-3-201
(4)(d)
 and Section 
77-32b-104
 if:
(a) the individual was provided indigent defense services by the indigent defense
system; and
(b) the indigent defense system provides financial documentation or proof to the court
that demonstrates that the individual is not indigent under Section 
78B-22-202
.
(2) This section does not apply to a minor, who is appointed an indigent defense
service provider, or the minor's parent or legal guardian.