H.B. 112 Enrolled

COUNTY CORRECTIONAL FACILITY
REIMBURSEMENT
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Brad L. Dee
This act modifies the Criminal Code and Code of Criminal Procedure to provide the
courts and county correctional facilities a process for ordering and collecting restitution
of costs for incarcerating offenders in county correctional facilities under specified
circumstances.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-3-201, as last amended by Chapter 35, Laws of Utah 2002
77-38a-404, as last amended by Chapter 140, Laws of Utah 2002
77-38a-501, as last amended by Chapter 35, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-3-201 is amended to read:
76-3-201. Definitions -- Sentences or combination of sentences allowed -- Civil
penalties -- Hearing.
(1) As used in this section:
(a) "Conviction" includes a:
(i) judgment of guilt; and
(ii) plea of guilty.
(b) "Criminal activities" means any offense of 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 who the court determines has suffered pecuniary
damages as a result of the defendant's criminal activities.
(ii) "Victim" does not include any coparticipant in the defendant's criminal activities.
(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

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and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
(5) (a) In addition to any other sentence the court may impose, the court shall order the
defendant to 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) $75 for up to 100 miles a defendant is transported;
(B) $125 for 100 up to 200 miles a defendant is transported; and
(C) $250 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, the court shall order the
defendant to pay court-ordered restitution to the county for the cost of incarceration in the county
correctional facility before and after sentencing if:
(i) the defendant is convicted of criminal activity that results in incarceration in the

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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
64-13c-301 if the defendant is a state prisoner housed in a county correctional facility as a
condition of probation under Subsection 77-18-1 (8).
(b) (i) The costs of incarceration under Subsection (6)(a) are:
(A) the daily core inmate incarceration costs and medical and transportation costs
established under Section 64-13c-302 ; and
(B) the costs of transportation services and medical care that exceed the negotiated
reimbursement rate established under Subsection 64-13c-302 (2).
(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 the monetary sum and other conditions for the court-ordered
restitution under this Subsection (6), the court shall consider the criteria provided under
Subsections 77-38a-302 (5)(c)(i) through (iv).
(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).
[(6)] (7) (a) If a statute under which the defendant was convicted mandates that one of
three stated minimum terms shall be imposed, the court shall order imposition of the term of
middle severity unless there are circumstances in aggravation or mitigation of the crime.
(b) Prior to or at the time of sentencing, either party may submit a statement identifying
circumstances in aggravation or mitigation or presenting additional facts. If the statement is in

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writing, it shall be filed with the court and served on the opposing party at least four days prior to
the time set for sentencing.
(c) In determining whether there are circumstances that justify imposition of the highest
or lowest term, the court may consider the record in the case, the probation officer's report, other
reports, including reports received under Section 76-3-404 , statements in aggravation or
mitigation submitted by the prosecution or the defendant, and any further evidence introduced at
the sentencing hearing.
(d) The court shall set forth on the record the facts supporting and reasons for imposing
the upper or lower term.
(e) In determining a just sentence, the court shall consider sentencing guidelines
regarding aggravating and mitigating circumstances promulgated by the Sentencing Commission.
[(7)] (8) If during the commission of a crime described as child kidnapping, rape of a
child, object rape of a child, sodomy upon a child, or sexual abuse of a child, the defendant
causes substantial bodily injury to the child, and if the charge is set forth in the information or
indictment and admitted by the defendant, or found true by a judge or jury at trial, the defendant
shall be sentenced to the highest minimum term in state prison. This Subsection (8) takes
precedence over any conflicting provision of law.
Section 2. Section 77-38a-404 is amended to read:
77-38a-404. Priority.
(1) If restitution to more than one person, agency, or entity is set at the same time, the
department shall establish the following priorities of payment, except as provided in Subsection
[(2)] (3):
(a) the crime victim;
(b) the Office of Crime Victim Reparations;
(c) any other government agency which has provided reimbursement to the victim as a
result of the offender's criminal conduct; [and]
(d) any insurance company which has provided reimbursement to the victim as a result of
the offender's criminal conduct[.]; and

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(e) any county correctional facility to which the court has ordered the defendant to pay
restitution under Subsection 76-3-201 (6).
(2) Restitution ordered under Subsection (1)(e) is paid after criminal fines and surcharges
are paid.
[(2)] (3) 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 (1)(a).
[(3)] (4) All money collected for court-ordered obligations from offenders by the
department will be applied:
(a) first, to victim restitution, except the $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 (2).
Section 3. 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 ]
76-3-201.1 .
(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.

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