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8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Criminal Code and the Crime Victims Restitution Act
11 regarding the payment of incarceration costs by defendants.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires that the county sheriff provide written notice to a defendant of incarceration
15 costs assessed under current state law;
16 ▸ provides that a defendant who is subject to incarceration costs may request an
17 impecuniosity hearing for the court to determine if the costs should be reduced or
18 waived under current statutory standards; and
19 ▸ provides that incarceration costs are to be paid after victim restitution costs.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 76-3-201, as last amended by Laws of Utah 2015, Chapter 147
27 77-38a-404, as last amended by Laws of Utah 2011, Chapters 131 and 208
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-3-201 is amended to read:
31 76-3-201. Definitions -- Sentences or combination of sentences allowed -- Civil
32 penalties.
33 (1) As used in this section:
34 (a) "Conviction" includes a:
35 (i) judgment of guilt; and
36 (ii) plea of guilty.
37 (b) "Criminal activities" means any offense of which the defendant is convicted or any
38 other criminal conduct for which the defendant admits responsibility to the sentencing court
39 with or without an admission of committing the criminal conduct.
40 (c) "Pecuniary damages" means all special damages, but not general damages, which a
41 person could recover against the defendant in a civil action arising out of the facts or events
42 constituting the defendant's criminal activities and includes the money equivalent of property
43 taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
44 expenses.
45 (d) "Restitution" means:
46 (i) full, partial, or nominal payment for pecuniary damages to a victim[
47 (ii) payment for expenses to a governmental entity for extradition or transportation
48 [
49 (iii) payment for the costs of the defendant's incarceration as provided in Subsection
50 (6);
51 (iv) payment for the costs of the defendant's medical care as provided in Subsection
52 (6); and
53 (v) restitution payments as further defined in Title 77, Chapter 38a, Crime Victims
54 Restitution Act.
55 (e) (i) "Victim" means any person or entity, including the Utah Office for Victims of
56 Crime, who the court determines has suffered pecuniary damages as a result of the defendant's
57 criminal activities.
58 (ii) "Victim" does not include a codefendant or accomplice.
59 (2) Within the limits prescribed by this chapter, a court may sentence a person
60 convicted of an offense to any one of the following sentences or combination of them:
61 (a) to pay a fine;
62 (b) to removal or disqualification from public or private office;
63 (c) to probation unless otherwise specifically provided by law;
64 (d) to imprisonment;
65 (e) on or after April 27, 1992, to life in prison without parole; or
66 (f) to death.
67 (3) (a) This chapter does not deprive a court of authority conferred by law to:
68 (i) forfeit property;
69 (ii) dissolve a corporation;
70 (iii) suspend or cancel a license;
71 (iv) permit removal of a person from office;
72 (v) cite for contempt; or
73 (vi) impose any other civil penalty.
74 (b) A civil penalty may be included in a sentence.
75 (4) (a) When a person is convicted of criminal activity that has resulted in pecuniary
76 damages, in addition to any other sentence it may impose, the court shall order that the
77 defendant make restitution to the victims, or for conduct for which the defendant has agreed to
78 make restitution as part of a plea agreement.
79 (b) In determining whether restitution is appropriate, the court shall follow the criteria
80 and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
81 (c) In addition to any other sentence the court may impose, the court, pursuant to the
82 provisions of Sections 63M-7-503 and 77-38a-401, shall enter:
83 (i) a civil judgment for complete restitution for the full amount of expenses paid on
84 behalf of the victim by the Utah Office for Victims of Crime; and
85 (ii) an order of restitution for restitution payable to the Utah Office for Victims of
86 Crime in the same amount unless otherwise ordered by the court pursuant to Subsection (4)(d).
87 (d) In determining whether to order that the restitution required under Subsection (4)(c)
88 be reduced or that the defendant be exempted from the restitution, the court shall consider the
89 criteria under Subsections 77-38a-302(5)(c)(i) through (vi) and provide findings of its decision
90 on the record.
91 (5) (a) In addition to any other sentence the court may impose, and unless otherwise
92 ordered by the court, the defendant shall pay restitution of governmental transportation
93 expenses if the defendant was:
94 (i) transported pursuant to court order from one county to another within the state at
95 governmental expense to resolve pending criminal charges;
96 (ii) charged with a felony or a class A, B, or C misdemeanor; and
97 (iii) convicted of a crime.
98 (b) The court may not order the defendant to pay restitution of governmental
99 transportation expenses if any of the following apply:
100 (i) the defendant is charged with an infraction or on a subsequent failure to appear a
101 warrant is issued for an infraction; or
102 (ii) the defendant was not transported pursuant to a court order.
103 (c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i)
104 shall be calculated according to the following schedule:
105 (A) $100 for up to 100 miles a defendant is transported;
106 (B) $200 for 100 up to 200 miles a defendant is transported; and
107 (C) $350 for 200 miles or more a defendant is transported.
108 (ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant
109 transported regardless of the number of defendants actually transported in a single trip.
110 (d) If a defendant has been extradited to this state under Title 77, Chapter 30,
111 Extradition, to resolve pending criminal charges and is convicted of criminal activity in the
112 county to which he has been returned, the court may, in addition to any other sentence it may
113 impose, order that the defendant make restitution for costs expended by any governmental
114 entity for the extradition.
115 (6) (a) [
116 may impose, [
117 defendant shall pay restitution to the county for the cost of incarceration and costs of medical
118 care provided to the defendant while in the county correctional facility before and after
119 sentencing if:
120 (i) the defendant is convicted of criminal activity that results in incarceration in the
121 county correctional facility; and
122 (ii) (A) the defendant is not a state prisoner housed in a county correctional facility
123 through a contract with the Department of Corrections; or
124 (B) the reimbursement does not duplicate the reimbursement provided under Section
125 64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102, or
126 a state parole inmate, as defined in Section 64-13e-102.
127 (b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined by
128 the county correctional facility, but may not exceed the daily inmate incarceration costs and
129 medical and transportation costs for the county correctional facility.
130 (ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurred
131 by the county correctional facility in providing reasonable accommodation for an inmate
132 qualifying as an individual with a disability as defined and covered by the federal Americans
133 with Disabilities Act of 1990, 42 U.S.C. Secs. 12101 through 12213, including medical and
134 mental health treatment for the inmate's disability.
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140 Subsection (6)(a)(i) and that finding is final as defined in Section 76-1-304, the county shall
141 reimburse the defendant for restitution the defendant paid for costs of incarceration under
142 Subsection (6)(a).
143 (7) (a) When a defendant is subject to restitution for the cost of incarceration under
144 Subsection (6), the county sheriff shall, subsequent to the defendant's conviction, provide to the
145 defendant a written notification of the incarceration restitution amount due under Subsection
146 (6)(a).
147 (b) The notification shall also state:
148 (i) that the restitution for incarceration costs is established by statutory formula;
149 (ii) the daily inmate incarceration rate on which the total cost is based;
150 (iii) that the defendant may request a court hearing to consider the reduction or waiver
151 of the incarceration cost by submitting a claim of impecuniosity; and
152 (iv) the criteria the court may consider under Subsections 77-38a-302(5)(c)(i) through
153 (vi) in a hearing regarding the modification of the incarceration cost assessed.
154 (c) The court may not reduce or waive the incarceration restitution amount without
155 holding an impecuniosity hearing, if requested by an inmate under Subsection (7)(b)(iii).
156 (d) In determining whether to order that the restitution required under Subsection (6)
157 be reduced or that the defendant be exempted from the restitution, the court shall consider the
158 criteria under Subsections 77-38a-302(5)(c)(i) through (vi) and shall enter the reason for the
159 court's order on the record.
160 (8) Restitution for costs of incarceration shall be paid subject to the priorities listed in
161 Section 77-38-404.
162 (9) Restitution for the costs of incarceration may not be taken from an inmate's
163 commissary funds.
164 (10) If a county charges an inmate for the costs of incarceration as provided in
165 Subsection (6), the county may offer work opportunities from which the wages or hours
166 worked may be applied toward the restitution for incarceration costs.
167 Section 2. Section 77-38a-404 is amended to read:
168 77-38a-404. Priority.
169 (1) Restitution payments made pursuant to a court order shall be disbursed to victims
170 within 60 days of receipt from the defendant by the court or department provided:
171 (a) the victim has complied with Subsection 77-38a-203(1)(b);
172 (b) if the defendant has tendered a negotiable instrument, funds from the financial
173 institution are actually received; and
174 (c) the payment to the victim is at least $5, unless the payment is the final payment.
175 (2) If restitution to more than one person, agency, or entity is required at the same time,
176 the department shall establish the following priorities of payment, except as provided in
177 Subsection (4):
178 (a) the crime victim;
179 (b) the Utah Office for Victims of Crime;
180 (c) any other government agency which has provided reimbursement to the victim as a
181 result of the offender's criminal conduct;
182 (d) the person, entity, or governmental agency that has offered and paid a reward under
183 Section 76-3-201.1 or 78A-6-117;
184 (e) any insurance company which has provided reimbursement to the victim as a result
185 of the offender's criminal conduct; and
186 (f) any county correctional facility to which the defendant is required to pay restitution
187 under [
188 (3) Restitution ordered under Subsection (2)(f) is paid after criminal fines and
189 surcharges are paid.
190 (4) If the offender is required under Section 53-10-404 to reimburse the department for
191 the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after
192 restitution to the crime victim under Subsection (2)(a).
193 (5) All money collected for court-ordered obligations from offenders by the department
194 will be applied:
195 (a) first, to victim restitution, except the current and past due amount of $30 per month
196 required to be collected by the department under Section 64-13-21, if applicable; [
197 (b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection
198 (4)[
199 (c) third, to any county correctional facility to which the defendant is required to pay
200 restitution under Subsections 76-3-201(6) and (7).
201 (6) Restitution owed to more than one victim shall be disbursed to each victim
202 according to the percentage of each victim's share of the total restitution order.
Legislative Review Note
Office of Legislative Research and General Counsel