Download Zipped Introduced WP 9 HB0088S1.ZIP
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First Substitute H.B. 88
6 This act modifies the Crime Victims Restitution Act by providing that a defendant may
7 be required to reimburse a person or entity who has paid a reward for information
8 leading to the arrest and conviction of an offender. This act also requires a juvenile to
9 reimburse a person or entity for paying a reward for information leading to the juvenile
10 being found to be within the jurisdiction of the juvenile court due to the commission of a
11 criminal offense.
12 This act affects sections of Utah Code Annotated 1953 as follows:
14 76-3-201.1, as last amended by Chapter 135, Laws of Utah 2002
15 77-38a-102, as enacted by Chapter 137, Laws of Utah 2001
16 77-38a-404, as last amended by Chapter 140, Laws of Utah 2002
17 78-3a-118, as last amended by Chapters 2 and 8, Laws of Utah 2002, Fifth Special
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 76-3-201.1 is amended to read:
21 76-3-201.1. Collection of criminal judgment accounts receivable.
22 (1) As used in this section:
23 (a) "Criminal judgment accounts receivable" means any amount due the state arising
24 from a criminal judgment for which payment has not been received by the state agency that is
25 servicing the debt.
26 (b) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
27 surcharges, costs, interest, penalties, restitution to victims, third party claims, claims,
28 reimbursement of a reward, and damages.
29 (2) (a) A criminal judgment account receivable ordered by the court as a result of
30 prosecution for a criminal offense may be collected by any means authorized by law for the
31 collection of a civil judgment.
32 (b) (i) The court may permit a defendant to pay a criminal judgment account receivable
33 in installments.
34 (ii) In the district court, if the criminal judgment account receivable is paid in
35 installments, the total amount due shall include all fines, surcharges, postjudgment interest, and
37 (c) Upon default in the payment of a criminal judgment account receivable or upon
38 default in the payment of any installment of that receivable, the criminal judgment account
39 receivable may be collected as provided in this section or Subsection 77-18-1 (9) or (10), and by
40 any means authorized by law for the collection of a civil judgment.
41 (3) When a defendant defaults in the payment of a criminal judgment account
42 receivable or any installment of that receivable, the court, on motion of the prosecution, victim,
43 or upon its own motion may:
44 (a) order the defendant to appear and show cause why the default should not be treated
45 as contempt of court; or
46 (b) issue a warrant of arrest.
47 (4) (a) Unless the defendant shows that the default was not attributable to an
48 intentional refusal to obey the order of the court or to a failure to make a good faith effort to
49 make the payment, the court may find that the default constitutes contempt.
50 (b) Upon a finding of contempt, the court may order the defendant committed until the
51 criminal judgment account receivable, or a specified part of it, is paid.
52 (5) If it appears to the satisfaction of the court that the default is not contempt, the
53 court may enter an order for any of the following or any combination of the following:
54 (a) require the defendant to pay the criminal judgment account receivable or a specified
55 part of it by a date certain;
56 (b) restructure the payment schedule;
57 (c) restructure the installment amount;
58 (d) except as provided in Section 77-18-8 , execute the original sentence of
60 (e) start the period of probation anew;
61 (f) except as limited by Subsection (6), convert the criminal judgment account
62 receivable or any part of it to community service;
63 (g) except as limited by Subsection (6), reduce or revoke the unpaid amount of the
64 criminal judgment account receivable; or
65 (h) in the district court, record the unpaid balance of the criminal judgment account
66 receivable as a civil judgment and transfer the responsibility for collecting the judgment to the
67 Office of State Debt Collection.
68 (6) In issuing an order under this section, the court may not modify the amount of the
69 judgment of complete restitution.
70 (7) Whether or not a default constitutes contempt, the court may add to the amount
71 owed the fees established under Subsection 63A-8-201 (4)(g) and postjudgment interest.
72 (8) (a) (i) If a criminal judgment account receivable is past due in a case supervised by
73 the Department of Corrections, the judge shall determine whether or not to record the unpaid
74 balance of the account receivable as a civil judgment.
75 (ii) If the judge records the unpaid balance of the account receivable as a civil
76 judgment, the judge shall transfer the responsibility for collecting the judgment to the Office of
77 State Debt Collection.
78 (b) If a criminal judgment account receivable in a case not supervised by the
79 Department of Corrections is past due, the district court may, without a motion or hearing,
80 record the unpaid balance of the criminal judgment account receivable as a civil judgment and
81 transfer the responsibility for collecting the account receivable to the Office of State Debt
83 (c) If a criminal judgment account receivable in a case not supervised by the
84 Department of Corrections is more than 90 days past due, the district court shall, without a
85 motion or hearing, record the unpaid balance of the criminal judgment account receivable as a
86 civil judgment and transfer the responsibility for collecting the criminal judgment account
87 receivable to the Office of State Debt Collection.
88 (9) (a) When a fine, forfeiture, surcharge, cost permitted by statute, fee, or an order of
89 restitution is imposed on a corporation or unincorporated association, the person authorized to
90 make disbursement from the assets of the corporation or association shall pay the obligation
91 from those assets.
92 (b) Failure to pay the obligation may be held to be contempt under Subsection (3).
93 (10) The prosecuting attorney may collect restitution in behalf of a victim.
94 Section 2. Section 77-38a-102 is amended to read:
95 77-38a-102. Definitions.
96 As used in this chapter:
97 (1) "Conviction" includes a:
98 (a) judgment of guilt;
99 (b) a plea of guilty; or
100 (c) a plea of no contest.
101 (2) "Criminal activities" means any offense of which the defendant is convicted or any
102 other criminal conduct for which the defendant admits responsibility to the sentencing court
103 with or without an admission of committing the criminal conduct.
104 (3) "Department" means the Department of Corrections.
105 (4) "Diversion" means suspending criminal proceedings prior to conviction on the
106 condition that a defendant agree to participate in a rehabilitation program, make restitution to
107 the victim, or fulfill some other condition.
108 (5) "Party" means the prosecutor, defendant, or department involved in a prosecution.
109 (6) "Pecuniary damages" means all special damages, but not general damages, which a
110 person could recover against the defendant in a civil action arising out of the facts or events
111 constituting the defendant's criminal activities and includes the money equivalent of property
112 taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
114 (7) "Plea agreement" means an agreement entered between the prosecution and
115 defendant setting forth the special terms and conditions and criminal charges upon which the
116 defendant will enter a plea of guilty or no contest.
117 (8) "Plea in abeyance" means an order by a court, upon motion of the prosecution and
118 the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that
119 time, entering judgment of conviction against him nor imposing sentence upon him on
120 condition that he comply with specific conditions as set forth in a plea in abeyance agreement.
121 (9) "Plea in abeyance agreement" means an agreement entered into between the
122 prosecution and the defendant setting forth the specific terms and conditions upon which,
123 following acceptance of the agreement by the court, a plea may be held in abeyance.
124 (10) "Plea disposition" means an agreement entered into between the prosecution and
125 defendant including diversion, plea agreement, plea in abeyance agreement, or any agreement
126 by which the defendant may enter a plea in any other jurisdiction or where charges are
127 dismissed without a plea.
128 (11) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
129 victim, including prejudgment interest, the accrual of interest from the time of sentencing,
130 insured damages, reimbursement for payment of a reward, and payment for expenses to a
131 governmental entity for extradition or transportation and as may be further defined by law.
132 (12) (a) "Reward" means a sum of money:
133 (i) offered to the public for information leading to the arrest and conviction of an
134 offender; and
135 (ii) that has been paid to a person or persons who provide this information, except that
136 the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
137 (b) "Reward" does not include any amount paid in excess of the sum offered to the
140 investigative action, proceed with prosecution, move to dismiss a prosecution that has been
141 commenced, or cause a prosecution to be diverted.
143 pecuniary damages as a result of the defendant's criminal activities.
144 (b) "Victim" may not include a codefendant or accomplice.
145 Section 3. Section 77-38a-404 is amended to read:
146 77-38a-404. Priority.
147 (1) If restitution to more than one person, agency, or entity is set at the same time, the
148 department shall establish the following priorities of payment, except as provided in
149 Subsection (2):
150 (a) the crime victim;
151 (b) the Office of Crime Victim Reparations;
152 (c) any other government agency which has provided reimbursement to the victim as a
153 result of the offender's criminal conduct; and
154 (d) the person, entity, or governmental agency that has offered and paid a reward under
155 Section 76-3-201.1 or 78-3a-118 ;
157 result of the offender's criminal conduct.
158 (2) If the offender is required under Section 53-10-404 to reimburse the department for
159 the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after
160 restitution to the crime victim under Subsection (1)(a).
161 (3) All money collected for court-ordered obligations from offenders by the department
162 will be applied:
163 (a) first, to victim restitution, except the $30 per month required to be collected by the
164 department under Section 64-13-21 , if applicable; and
165 (b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection
167 Section 4. Section 78-3a-118 is amended to read:
168 78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
169 Enumeration of possible court orders -- Considerations of court -- Obtaining DNA
171 (1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the
172 court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
173 jurisdiction over the minor. However, in cases within the provisions of Subsection
174 78-3a-104 (1), findings of fact are not necessary.
175 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
176 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
177 to the school superintendent of the district in which the minor resides or attends school. Notice
178 shall be made to the district superintendent within three days of the adjudication and shall
179 include the specific offenses for which the minor was adjudicated.
180 (2) Upon adjudication the court may make the following dispositions by court order:
181 (a) (i) The court may place the minor on probation or under protective supervision in
182 the minor's own home and upon conditions determined by the court, including compensatory
183 service as provided in Section 78-11-20.7 .
184 (ii) The court may place the minor in state supervision with the probation department
185 of the court, under the legal custody of:
186 (A) his parent or guardian;
187 (B) the Division of Youth Corrections; or
188 (C) the Division of Child and Family Services.
189 (iii) If the court orders probation or state supervision, the court shall direct that notice
190 of its order be provided to designated persons in the local law enforcement agency and the
191 school or transferee school, if applicable, which the minor attends. The designated persons
192 may receive the information for purposes of the minor's supervision and student safety.
193 (iv) Any employee of the local law enforcement agency and the school which the
194 minor attends who discloses the court's order of probation is not:
195 (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
196 Section 63-30-4 ; and
197 (B) civilly or criminally liable except when the disclosure constitutes a knowing
198 violation of Section 63-2-801 .
199 (b) The court may place the minor in the legal custody of a relative or other suitable
200 person, with or without probation or protective supervision, but the juvenile court may not
201 assume the function of developing foster home services.
202 (c) (i) The court may:
203 (A) vest legal custody of the minor in the Division of Child and Family Services,
204 Division of Youth Corrections, or the Division of Substance Abuse and Mental Health; and
205 (B) order the Department of Human Services to provide dispositional
206 recommendations and services.
207 (ii) For minors who may qualify for services from two or more divisions within the
208 Department of Human Services, the court may vest legal custody with the department.
209 (iii) (A) Minors who are committed to the custody of the Division of Child and Family
210 Services on grounds other than abuse or neglect are subject to the provisions of Title 78,
211 Chapter 3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title
212 62A, Chapter 4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
213 (B) Prior to the court entering an order to place a minor in the custody of the Division
214 of Child and Family Services on grounds other than abuse or neglect, the court shall provide
215 the division with notice of the hearing no later than five days before the time specified for the
216 hearing so the division may attend the hearing.
217 (C) Prior to committing a minor to the custody of the Division of Child and Family
218 Services, the court shall make a finding as to what reasonable efforts have been attempted to
219 prevent the minor's removal from his home.
220 (d) (i) The court may commit the minor to the Division of Youth Corrections for secure
222 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
223 or dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of
224 Youth Corrections.
225 (e) The court may commit the minor, subject to the court retaining continuing
226 jurisdiction over him, to the temporary custody of the Division of Youth Corrections for
227 observation and evaluation for a period not to exceed 45 days, which period may be extended
228 up to 15 days at the request of the director of the Division of Youth Corrections.
229 (f) (i) The court may commit the minor to a place of detention or an alternative to
230 detention for a period not to exceed 30 days subject to the court retaining continuing
231 jurisdiction over the minor. This commitment may be stayed or suspended upon conditions
232 ordered by the court.
233 (ii) This Subsection (2)(f) applies only to those minors adjudicated for:
234 (A) an act which if committed by an adult would be a criminal offense; or
235 (B) contempt of court under Section 78-3a-901 .
236 (g) The court may vest legal custody of an abused, neglected, or dependent minor in
237 the Division of Child and Family Services or any other appropriate person in accordance with
238 the requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and
239 Dependency Proceedings.
240 (h) The court may place the minor on a ranch or forestry camp, or similar facility for
241 care and also for work, if possible, if the person, agency, or association operating the facility
242 has been approved or has otherwise complied with all applicable state and local laws. A minor
243 placed in a forestry camp or similar facility may be required to work on fire prevention,
244 forestation and reforestation, recreational works, forest roads, and on other works on or off the
245 grounds of the facility and may be paid wages, subject to the approval of and under conditions
246 set by the court.
247 (i) (A) The court may order the minor to repair, replace, or otherwise make restitution
248 for damage or loss caused by the minor's wrongful act, including costs of treatment as stated in
249 Section 78-3a-318 and impose fines in limited amounts.
250 (B) The court may also require the minor to reimburse an individual, entity, or
251 governmental agency who offered and paid a reward to a person or persons for providing
252 information resulting in a court adjudication that the minor is within the jurisdiction of the
253 juvenile court due to the commission of a criminal offense.
254 (C) If a minor has been returned to this state under the Interstate Compact on Juveniles,
255 the court may order the minor to make restitution for costs expended by any governmental
256 entity for the return.
257 (j) The court may issue orders necessary for the collection of restitution and fines
258 ordered by the court, including garnishments, wage withholdings, and executions.
259 (k) (i) The court may through its probation department encourage the development of
260 employment or work programs to enable minors to fulfill their obligations under Subsection
261 (2)(i) and for other purposes considered desirable by the court.
262 (ii) Consistent with the order of the court, the probation officer may permit the minor
263 found to be within the jurisdiction of the court to participate in a program of work restitution or
264 compensatory service in lieu of paying part or all of the fine imposed by the court.
265 (l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in
266 addition to any other disposition authorized by this section:
267 (A) restrain the minor from driving for periods of time the court considers necessary;
269 (B) take possession of the minor's driver license.
270 (ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
271 suspension of driving privileges for an offense under Section 78-3a-506 are governed only by
272 Section 78-3a-506 .
273 (m) (i) When a minor is found within the jurisdiction of the juvenile court under
274 Section 78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug
275 Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court
276 shall, in addition to any fines or fees otherwise imposed, order that the minor perform a
277 minimum of 20 hours, but no more than 100 hours, of compensatory service. Satisfactory
278 completion of an approved substance abuse prevention or treatment program may be credited
279 by the court as compensatory service hours.
280 (ii) When a minor is found within the jurisdiction of the juvenile court under Section
281 78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court
282 may, upon the first adjudication, and shall, upon a second or subsequent adjudication, order
283 that the minor perform a minimum of 20 hours, but no more than 100 hours of compensatory
284 service, in addition to any fines or fees otherwise imposed. Satisfactory completion of an
285 approved substance abuse prevention or treatment program may be credited by the court as
286 compensatory service hours.
287 (n) The court may order that the minor be examined or treated by a physician, surgeon,
288 psychiatrist, or psychologist or that he receive other special care. For these purposes the court
289 may place the minor in a hospital or other suitable facility.
290 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the
291 interest of the minor, and may appoint as guardian a public or private institution or agency in
292 which legal custody of the minor is vested.
293 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
294 private agency or institution, the court shall give primary consideration to the welfare of the
295 minor. When practicable, the court may take into consideration the religious preferences of the
296 minor and of the minor's parents.
297 (p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
298 conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or
299 any other person who has been made a party to the proceedings. Conditions may include:
300 (A) parent-time by the parents or one parent;
301 (B) restrictions on the minor's associates;
302 (C) restrictions on the minor's occupation and other activities; and
303 (D) requirements to be observed by the parents or custodian.
304 (ii) A minor whose parents or guardians successfully complete a family or other
305 counseling program may be credited by the court for detention, confinement, or probation time.
306 (q) The court may order the minor to be placed in the legal custody of the Division of
307 Substance Abuse and Mental Health or committed to the physical custody of a local mental
308 health authority, in accordance with the procedures and requirements of Title 62A, Chapter 15,
309 Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental
311 (r) (i) The court may make an order committing a minor within its jurisdiction to the
312 Utah State Developmental Center if the minor has mental retardation in accordance with the
313 provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility.
314 (ii) The court shall follow the procedure applicable in the district courts with respect to
315 judicial commitments to the Utah State Developmental Center when ordering a commitment
316 under Subsection (2)(r)(i).
317 (s) The court may terminate all parental rights upon a finding of compliance with the
318 provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
319 (t) The court may make any other reasonable orders for the best interest of the minor or
320 as required for the protection of the public, except that a person younger than 18 years of age
321 may not be committed to jail or prison.
322 (u) The court may combine the dispositions listed in this section if they are compatible.
323 (v) Before depriving any parent of custody, the court shall give due consideration to the
324 rights of parents concerning their minor. The court may transfer custody of a minor to another
325 person, agency, or institution in accordance with the requirements and procedures of Title 78,
326 Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
327 (w) Except as provided in Subsection (2)(y)(i), an order under this section for
328 probation or placement of a minor with an individual or an agency shall include a date certain
329 for a review of the case by the court. A new date shall be set upon each review.
330 (x) In reviewing foster home placements, special attention shall be given to making
331 adoptable minors available for adoption without delay.
332 (y) (i) The juvenile court may enter an order of permanent custody and guardianship
333 with a relative or individual of a minor where the court has previously acquired jurisdiction as
334 a result of an adjudication of abuse, neglect, or dependency, excluding cases arising under
335 Subsection 78-3a-105 (4).
336 (ii) Orders under Subsection (2)(y)(i):
337 (A) shall remain in effect until the minor reaches majority;
338 (B) are not subject to review under Section 78-3a-119 ; and
339 (C) may be modified by petition or motion as provided in Section 78-3a-903 .
340 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
341 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
342 of the juvenile court.
343 (3) In addition to the dispositions described in Subsection (2), when a minor comes
344 within the court's jurisdiction he may be given a choice by the court to serve in the National
345 Guard in lieu of other sanctions, provided:
346 (a) the minor meets the current entrance qualifications for service in the National
347 Guard as determined by a recruiter, whose determination is final;
348 (b) the minor is not under the jurisdiction of the court for any act that:
349 (i) would be a felony if committed by an adult;
350 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
351 (iii) was committed with a weapon; and
352 (c) the court retains jurisdiction over the minor under conditions set by the court and
353 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
354 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction of
355 the court as described in Subsection 53-10-403 (3). The specimen shall be obtained by
356 designated employees of the court or, if the minor is in the legal custody of the Division of
357 Youth Corrections, then by designated employees of the division under Subsection
358 53-10-404 (5)(b).
359 (b) The responsible agency shall ensure that employees designated to collect the saliva
360 DNA specimens receive appropriate training and that the specimens are obtained in accordance
361 with accepted protocol.
362 (c) Reimbursements paid under Subsection 53-10-404 (2)(a) shall be placed in the DNA
363 Specimen Restricted Account created in Section 53-10-407 .
364 (d) Payment of the reimbursement is second in priority to payments the minor is
365 ordered to make for restitution under this section and treatment under Section 78-3a-318 .
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