S.B. 58 Enrolled

1

TRANSPORTATION EXPENSES FOR
2 DEFENDANTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: J. Stuart Adams
6 House Sponsor: Richard A. Greenwood
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding expenses for transportation of
11 defendants.
12 Highlighted Provisions:
13 This bill:
14 . mandates that defendants pay restitution for the costs of governmental
15 transportation expenses, unless the court rules otherwise, rather than the current
16 provision requiring the court to order the defendant to pay the restitution for
17 transportation; and
18 . increases the mileage fees for transportation restitution by defendants.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-3-201, as last amended by Laws of Utah 2008, Chapter 151
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-3-201 is amended to read:
29 76-3-201. Definitions -- Sentences or combination of sentences allowed -- Civil

30 penalties.
31 (1) As used in this section:
32 (a) "Conviction" includes a:
33 (i) judgment of guilt; and
34 (ii) plea of guilty.
35 (b) "Criminal activities" means any offense of which the defendant is convicted or any
36 other criminal conduct for which the defendant admits responsibility to the sentencing court
37 with or without an admission of committing the criminal conduct.
38 (c) "Pecuniary damages" means all special damages, but not general damages, which a
39 person could recover against the defendant in a civil action arising out of the facts or events
40 constituting the defendant's criminal activities and includes the money equivalent of property
41 taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
42 expenses.
43 (d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
44 victim, and payment for expenses to a governmental entity for extradition or transportation
45 and as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.
46 (e) (i) "Victim" means any person who the court determines has suffered pecuniary
47 damages as a result of the defendant's criminal activities.
48 (ii) "Victim" does not include any coparticipant in the defendant's criminal activities.
49 (2) Within the limits prescribed by this chapter, a court may sentence a person
50 convicted of an offense to any one of the following sentences or combination of them:
51 (a) to pay a fine;
52 (b) to removal or disqualification from public or private office;
53 (c) to probation unless otherwise specifically provided by law;
54 (d) to imprisonment;
55 (e) on or after April 27, 1992, to life in prison without parole; or
56 (f) to death.
57 (3) (a) This chapter does not deprive a court of authority conferred by law to:

58 (i) forfeit property;
59 (ii) dissolve a corporation;
60 (iii) suspend or cancel a license;
61 (iv) permit removal of a person from office;
62 (v) cite for contempt; or
63 (vi) impose any other civil penalty.
64 (b) A civil penalty may be included in a sentence.
65 (4) (a) When a person is convicted of criminal activity that has resulted in pecuniary
66 damages, in addition to any other sentence it may impose, the court shall order that the
67 defendant make restitution to the victims, or for conduct for which the defendant has agreed to
68 make restitution as part of a plea agreement.
69 (b) In determining whether restitution is appropriate, the court shall follow the criteria
70 and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
71 (5) (a) In addition to any other sentence the court may impose, [the court shall order
72 the defendant to pay restitution] and unless otherwise ordered by the court, the defendant shall
73 pay restitution of governmental transportation expenses if the defendant was:
74 (i) transported pursuant to court order from one county to another within the state at
75 governmental expense to resolve pending criminal charges;
76 (ii) charged with a felony or a class A, B, or C misdemeanor; and
77 (iii) convicted of a crime.
78 (b) The court may not order the defendant to pay restitution of governmental
79 transportation expenses if any of the following apply:
80 (i) the defendant is charged with an infraction or on a subsequent failure to appear a
81 warrant is issued for an infraction; or
82 (ii) the defendant was not transported pursuant to a court order.
83 (c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i)
84 shall be calculated according to the following schedule:
85 (A) [$75] $100 for up to 100 miles a defendant is transported;

86 (B) [$125] $200 for 100 up to 200 miles a defendant is transported; and
87 (C) [$250] $350 for 200 miles or more a defendant is transported.
88 (ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant
89 transported regardless of the number of defendants actually transported in a single trip.
90 (d) If a defendant has been extradited to this state under Title 77, Chapter 30,
91 Extradition, to resolve pending criminal charges and is convicted of criminal activity in the
92 county to which he has been returned, the court may, in addition to any other sentence it may
93 impose, order that the defendant make restitution for costs expended by any governmental
94 entity for the extradition.
95 (6) (a) In addition to any other sentence the court may impose, and unless otherwise
96 ordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution to the
97 county for the cost of incarceration in the county correctional facility before and after
98 sentencing if:
99 (i) the defendant is convicted of criminal activity that results in incarceration in the
100 county correctional facility; and
101 (ii) (A) the defendant is not a state prisoner housed in a county correctional facility
102 through a contract with the Department of Corrections; or
103 (B) the reimbursement does not duplicate the reimbursement provided under Section
104 64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102 ,
105 or a state parole inmate, as defined in Section 64-13e-102 .
106 (b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined
107 by the county correctional facility, but may not exceed the daily inmate incarceration costs and
108 medical and transportation costs for the county correctional facility.
109 (ii) The costs of incarceration under Subsection (6)(a) do not include expenses
110 incurred by the county correctional facility in providing reasonable accommodation for an
111 inmate qualifying as an individual with a disability as defined and covered by the federal
112 Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical
113 and mental health treatment for the inmate's disability.

114 (c) In determining whether to order that the restitution required under this Subsection
115 (6) be reduced or that the defendant be exempted from the restitution, the court shall consider
116 the criteria under Subsections 77-38a-302 (5)(c)(i) through (iv) and shall enter the reason for
117 its order on the record.
118 (d) If on appeal the defendant is found not guilty of the criminal activity under
119 Subsection (6)(a)(i) and that finding is final as defined in Section 76-1-304 , the county shall
120 reimburse the defendant for restitution the defendant paid for costs of incarceration under
121 Subsection (6)(a).