5/6/2026Amended by Chapter 350, 2026 General Session2026Sentences or combination of sentences allowed -- Restitution and other costs -- Civil penalties.As used in this section:"Convicted" means:having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental condition; orhaving received a judgment of guilty or a judgment of guilty with a mental condition."Convicted" does not include an adjudication of an offense under Section 80-6-701."Restitution" means the same as that term is defined in Section 77-38b-102.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:to pay a fine;to removal or disqualification from public or private office;except as otherwise provided by law, to probation in accordance with Section 77-18-105;in accordance with Subsection 77-18-111(4), to imprisonment;on or after April 27, 1992, to life in prison without parole; orto death.In determining the appropriate sentence for an individual convicted of an offense, the court shall consider:the nature and circumstances of the offense, including the nature and gravity of the harm caused by the individual's criminal conduct;the history and characteristics of the individual, including the acceptance or lack of acceptance of accountability by the individual;whether the sentence to be imposed:reflects the seriousness of the offense, promotes respect for the law, and provides just punishment for the offense;affords adequate deterrence of criminal conduct;protects the public from future offenses by the individual; andprovides for the rehabilitative needs of the individual;the adult sentencing and supervision length guidelines as defined in Section 75E-4-101;the presentence investigation report described in Section 77-18-103 if a presentence investigation report has been prepared for the individual;any aggravating factor that the court may, or is required to, consider by law for the offense;any aggravating or mitigating circumstances; andthe desires and interests of any victim of the offense.In determining the appropriate sentence for an individual convicted of a violent felony, as defined in Section 76-3-203.5, or a sexual offense, as defined in Section 76-3-407, the sentencing court shall prioritize the factors described in Subsections (2)(b)(i), (2)(b)(iii)(A), (2)(b)(iii)(B), and (2)(b)(iii)(C) over any interest of the defendant.This chapter does not deprive a court of authority conferred by law:to forfeit property;to dissolve a corporation;to suspend or cancel a license;to permit removal of an individual from office;to cite for contempt; orto impose any other civil penalty.A court may include a civil penalty in a sentence.In addition to any other sentence that a sentencing court may impose, the court shall order an individual to:pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act;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:was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve pending criminal charges; andis convicted of an offense in the county for which the individual is returned;subject to Subsection (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 17-63-706, that is provided by a county to the individual while the individual is in a county correctional facility before and after sentencing if:the individual is convicted of an offense that results in incarceration in the county correctional facility; andthe individual is not a state prisoner housed in the county correctional facility through a contract with the Department of Corrections; orthe reimbursement does not duplicate the reimbursement under Section 64-13e-104 if the individual is a state probationary inmate or a state parole inmate; andpay any other cost that the court determines is appropriate under Section 77-32b-104.The cost of medical care under Subsection (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. Secs. 12101 through 12213, including medical and mental health treatment for the inmate's disability.