This document includes House Committee Amendments incorporated into the bill on Thu, Feb 5, 2015 at 12:31 PM by jeyring.
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7 LONG TITLE
8 General Description:
9 This bill makes changes to the Crime Victims Restitution Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ makes a victim's application for and receipt of reparations protected records under
13 the Government Records Access and Management Act;
14 ▸ allows the Utah Office for Victims of Crime to pursue restitution from a criminal
15 offender by filing a claim directly with the sentencing court; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 63G-2-305, as last amended by Laws of Utah 2014, Chapters 90 and 320
24 63M-7-503, as last amended by Laws of Utah 2011, Chapter 131
25 76-3-201, as last amended by Laws of Utah 2013, Chapter 74
26 77-38a-102, as last amended by Laws of Utah 2005, Chapter 96
27 77-38a-401, as last amended by Laws of Utah 2011, Chapter 37
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 63G-2-305 is amended to read:
31 63G-2-305. Protected records.
32 The following records are protected if properly classified by a governmental entity:
33 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
34 has provided the governmental entity with the information specified in Section 63G-2-309;
35 (2) commercial information or nonindividual financial information obtained from a
36 person if:
37 (a) disclosure of the information could reasonably be expected to result in unfair
38 competitive injury to the person submitting the information or would impair the ability of the
39 governmental entity to obtain necessary information in the future;
40 (b) the person submitting the information has a greater interest in prohibiting access
41 than the public in obtaining access; and
42 (c) the person submitting the information has provided the governmental entity with
43 the information specified in Section 63G-2-309;
44 (3) commercial or financial information acquired or prepared by a governmental entity
45 to the extent that disclosure would lead to financial speculations in currencies, securities, or
46 commodities that will interfere with a planned transaction by the governmental entity or cause
47 substantial financial injury to the governmental entity or state economy;
48 (4) records, the disclosure of which could cause commercial injury to, or confer a
49 competitive advantage upon a potential or actual competitor of, a commercial project entity as
50 defined in Subsection 11-13-103(4);
51 (5) test questions and answers to be used in future license, certification, registration,
52 employment, or academic examinations;
53 (6) records, the disclosure of which would impair governmental procurement
54 proceedings or give an unfair advantage to any person proposing to enter into a contract or
55 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
56 Subsection (6) does not restrict the right of a person to have access to, after the contract or
57 grant has been awarded and signed by all parties, a bid, proposal, application, or other
58 information submitted to or by a governmental entity in response to:
59 (a) an invitation for bids;
60 (b) a request for proposals;
61 (c) a request for quotes;
62 (d) a grant; or
63 (e) other similar document;
64 (7) information submitted to or by a governmental entity in response to a request for
65 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
66 the right of a person to have access to the information, after:
67 (a) a contract directly relating to the subject of the request for information has been
68 awarded and signed by all parties; or
69 (b) (i) a final determination is made not to enter into a contract that relates to the
70 subject of the request for information; and
71 (ii) at least two years have passed after the day on which the request for information is
72 issued;
73 (8) records that would identify real property or the appraisal or estimated value of real
74 or personal property, including intellectual property, under consideration for public acquisition
75 before any rights to the property are acquired unless:
76 (a) public interest in obtaining access to the information is greater than or equal to the
77 governmental entity's need to acquire the property on the best terms possible;
78 (b) the information has already been disclosed to persons not employed by or under a
79 duty of confidentiality to the entity;
80 (c) in the case of records that would identify property, potential sellers of the described
81 property have already learned of the governmental entity's plans to acquire the property;
82 (d) in the case of records that would identify the appraisal or estimated value of
83 property, the potential sellers have already learned of the governmental entity's estimated value
84 of the property; or
85 (e) the property under consideration for public acquisition is a single family residence
86 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
87 the property as required under Section 78B-6-505;
88 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
89 compensated transaction of real or personal property including intellectual property, which, if
90 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
91 of the subject property, unless:
92 (a) the public interest in access is greater than or equal to the interests in restricting
93 access, including the governmental entity's interest in maximizing the financial benefit of the
94 transaction; or
95 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
96 the value of the subject property have already been disclosed to persons not employed by or
97 under a duty of confidentiality to the entity;
98 (10) records created or maintained for civil, criminal, or administrative enforcement
99 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
100 release of the records:
101 (a) reasonably could be expected to interfere with investigations undertaken for
102 enforcement, discipline, licensing, certification, or registration purposes;
103 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
104 proceedings;
105 (c) would create a danger of depriving a person of a right to a fair trial or impartial
106 hearing;
107 (d) reasonably could be expected to disclose the identity of a source who is not
108 generally known outside of government and, in the case of a record compiled in the course of
109 an investigation, disclose information furnished by a source not generally known outside of
110 government if disclosure would compromise the source; or
111 (e) reasonably could be expected to disclose investigative or audit techniques,
112 procedures, policies, or orders not generally known outside of government if disclosure would
113 interfere with enforcement or audit efforts;
114 (11) records the disclosure of which would jeopardize the life or safety of an
115 individual;
116 (12) records the disclosure of which would jeopardize the security of governmental
117 property, governmental programs, or governmental recordkeeping systems from damage, theft,
118 or other appropriation or use contrary to law or public policy;
119 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
120 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
121 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
122 (14) records that, if disclosed, would reveal recommendations made to the Board of
123 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
124 Board of Pardons and Parole, or the Department of Human Services that are based on the
125 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
126 jurisdiction;
127 (15) records and audit workpapers that identify audit, collection, and operational
128 procedures and methods used by the State Tax Commission, if disclosure would interfere with
129 audits or collections;
130 (16) records of a governmental audit agency relating to an ongoing or planned audit
131 until the final audit is released;
132 (17) records that are subject to the attorney client privilege;
133 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
134 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
135 quasi-judicial, or administrative proceeding;
136 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
137 from a member of the Legislature; and
138 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
139 legislative action or policy may not be classified as protected under this section; and
140 (b) (i) an internal communication that is part of the deliberative process in connection
141 with the preparation of legislation between:
142 (A) members of a legislative body;
143 (B) a member of a legislative body and a member of the legislative body's staff; or
144 (C) members of a legislative body's staff; and
145 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
146 legislative action or policy may not be classified as protected under this section;
147 (20) (a) records in the custody or control of the Office of Legislative Research and
148 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
149 legislation or contemplated course of action before the legislator has elected to support the
150 legislation or course of action, or made the legislation or course of action public; and
151 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
152 Office of Legislative Research and General Counsel is a public document unless a legislator
153 asks that the records requesting the legislation be maintained as protected records until such
154 time as the legislator elects to make the legislation or course of action public;
155 (21) research requests from legislators to the Office of Legislative Research and
156 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
157 in response to these requests;
158 (22) drafts, unless otherwise classified as public;
159 (23) records concerning a governmental entity's strategy about:
160 (a) collective bargaining; or
161 (b) imminent or pending litigation;
162 (24) records of investigations of loss occurrences and analyses of loss occurrences that
163 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
164 Uninsured Employers' Fund, or similar divisions in other governmental entities;
165 (25) records, other than personnel evaluations, that contain a personal recommendation
166 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
167 personal privacy, or disclosure is not in the public interest;
168 (26) records that reveal the location of historic, prehistoric, paleontological, or
169 biological resources that if known would jeopardize the security of those resources or of
170 valuable historic, scientific, educational, or cultural information;
171 (27) records of independent state agencies if the disclosure of the records would
172 conflict with the fiduciary obligations of the agency;
173 (28) records of an institution within the state system of higher education defined in
174 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
175 retention decisions, and promotions, which could be properly discussed in a meeting closed in
176 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
177 the final decisions about tenure, appointments, retention, promotions, or those students
178 admitted, may not be classified as protected under this section;
179 (29) records of the governor's office, including budget recommendations, legislative
180 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
181 policies or contemplated courses of action before the governor has implemented or rejected
182 those policies or courses of action or made them public;
183 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
184 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
185 recommendations in these areas;
186 (31) records provided by the United States or by a government entity outside the state
187 that are given to the governmental entity with a requirement that they be managed as protected
188 records if the providing entity certifies that the record would not be subject to public disclosure
189 if retained by it;
190 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
191 except as provided in Section 52-4-206;
192 (33) records that would reveal the contents of settlement negotiations but not including
193 final settlements or empirical data to the extent that they are not otherwise exempt from
194 disclosure;
195 (34) memoranda prepared by staff and used in the decision-making process by an
196 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
197 other body charged by law with performing a quasi-judicial function;
198 (35) records that would reveal negotiations regarding assistance or incentives offered
199 by or requested from a governmental entity for the purpose of encouraging a person to expand
200 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
201 person or place the governmental entity at a competitive disadvantage, but this section may not
202 be used to restrict access to a record evidencing a final contract;
203 (36) materials to which access must be limited for purposes of securing or maintaining
204 the governmental entity's proprietary protection of intellectual property rights including patents,
205 copyrights, and trade secrets;
206 (37) the name of a donor or a prospective donor to a governmental entity, including an
207 institution within the state system of higher education defined in Section 53B-1-102, and other
208 information concerning the donation that could reasonably be expected to reveal the identity of
209 the donor, provided that:
210 (a) the donor requests anonymity in writing;
211 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
212 classified protected by the governmental entity under this Subsection (37); and
213 (c) except for an institution within the state system of higher education defined in
214 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
215 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
216 over the donor, a member of the donor's immediate family, or any entity owned or controlled
217 by the donor or the donor's immediate family;
218 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
219 73-18-13;
220 (39) a notification of workers' compensation insurance coverage described in Section
221 34A-2-205;
222 (40) (a) the following records of an institution within the state system of higher
223 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
224 or received by or on behalf of faculty, staff, employees, or students of the institution:
225 (i) unpublished lecture notes;
226 (ii) unpublished notes, data, and information:
227 (A) relating to research; and
228 (B) of:
229 (I) the institution within the state system of higher education defined in Section
230 53B-1-102; or
231 (II) a sponsor of sponsored research;
232 (iii) unpublished manuscripts;
233 (iv) creative works in process;
234 (v) scholarly correspondence; and
235 (vi) confidential information contained in research proposals;
236 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
237 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
238 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
239 (41) (a) records in the custody or control of the Office of Legislative Auditor General
240 that would reveal the name of a particular legislator who requests a legislative audit prior to the
241 date that audit is completed and made public; and
242 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
243 Office of the Legislative Auditor General is a public document unless the legislator asks that
244 the records in the custody or control of the Office of Legislative Auditor General that would
245 reveal the name of a particular legislator who requests a legislative audit be maintained as
246 protected records until the audit is completed and made public;
247 (42) records that provide detail as to the location of an explosive, including a map or
248 other document that indicates the location of:
249 (a) a production facility; or
250 (b) a magazine;
251 (43) information:
252 (a) contained in the statewide database of the Division of Aging and Adult Services
253 created by Section 62A-3-311.1; or
254 (b) received or maintained in relation to the Identity Theft Reporting Information
255 System (IRIS) established under Section 67-5-22;
256 (44) information contained in the Management Information System and Licensing
257 Information System described in Title 62A, Chapter 4a, Child and Family Services;
258 (45) information regarding National Guard operations or activities in support of the
259 National Guard's federal mission;
260 (46) records provided by any pawn or secondhand business to a law enforcement
261 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
262 Secondhand Merchandise Transaction Information Act;
263 (47) information regarding food security, risk, and vulnerability assessments performed
264 by the Department of Agriculture and Food;
265 (48) except to the extent that the record is exempt from this chapter pursuant to Section
266 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
267 prepared or maintained by the Division of Emergency Management, and the disclosure of
268 which would jeopardize:
269 (a) the safety of the general public; or
270 (b) the security of:
271 (i) governmental property;
272 (ii) governmental programs; or
273 (iii) the property of a private person who provides the Division of Emergency
274 Management information;
275 (49) records of the Department of Agriculture and Food that provides for the
276 identification, tracing, or control of livestock diseases, including any program established under
277 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act or Title 4, Chapter 31, Control
278 of Animal Disease;
279 (50) as provided in Section 26-39-501:
280 (a) information or records held by the Department of Health related to a complaint
281 regarding a child care program or residential child care which the department is unable to
282 substantiate; and
283 (b) information or records related to a complaint received by the Department of Health
284 from an anonymous complainant regarding a child care program or residential child care;
285 (51) unless otherwise classified as public under Section 63G-2-301 and except as
286 provided under Section 41-1a-116, an individual's home address, home telephone number, or
287 personal mobile phone number, if:
288 (a) the individual is required to provide the information in order to comply with a law,
289 ordinance, rule, or order of a government entity; and
290 (b) the subject of the record has a reasonable expectation that this information will be
291 kept confidential due to:
292 (i) the nature of the law, ordinance, rule, or order; and
293 (ii) the individual complying with the law, ordinance, rule, or order;
294 (52) the name, home address, work addresses, and telephone numbers of an individual
295 that is engaged in, or that provides goods or services for, medical or scientific research that is:
296 (a) conducted within the state system of higher education, as defined in Section
297 53B-1-102; and
298 (b) conducted using animals;
299 (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
300 Private Proposal Program, to the extent not made public by rules made under that chapter;
301 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
302 Evaluation Commission concerning an individual commissioner's vote on whether or not to
303 recommend that the voters retain a judge;
304 (55) information collected and a report prepared by the Judicial Performance
305 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
306 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
307 the information or report;
308 (56) records contained in the Management Information System created in Section
309 62A-4a-1003;
310 (57) records provided or received by the Public Lands Policy Coordinating Office in
311 furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
312 (58) information requested by and provided to the Utah [
313 Section 63H-7-303;
314 (59) in accordance with Section 73-10-33:
315 (a) a management plan for a water conveyance facility in the possession of the Division
316 of Water Resources or the Board of Water Resources; or
317 (b) an outline of an emergency response plan in possession of the state or a county or
318 municipality;
319 (60) the following records in the custody or control of the Office of Inspector General
320 of Medicaid Services, created in Section 63A-13-201:
321 (a) records that would disclose information relating to allegations of personal
322 misconduct, gross mismanagement, or illegal activity of a person if the information or
323 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
324 through other documents or evidence, and the records relating to the allegation are not relied
325 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
326 report or final audit report;
327 (b) records and audit workpapers to the extent they would disclose the identity of a
328 person who, during the course of an investigation or audit, communicated the existence of any
329 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
330 regulation adopted under the laws of this state, a political subdivision of the state, or any
331 recognized entity of the United States, if the information was disclosed on the condition that
332 the identity of the person be protected;
333 (c) before the time that an investigation or audit is completed and the final
334 investigation or final audit report is released, records or drafts circulated to a person who is not
335 an employee or head of a governmental entity for the person's response or information;
336 (d) records that would disclose an outline or part of any investigation, audit survey
337 plan, or audit program; or
338 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
339 investigation or audit;
340 (61) records that reveal methods used by the Office of Inspector General of Medicaid
341 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
342 abuse;
343 (62) information provided to the Department of Health or the Division of Occupational
344 and Professional Licensing under Subsection 58-68-304(3) or (4);
345 (63) a record described in Section 63G-12-210; [
346 (64) captured plate data that is obtained through an automatic license plate reader
347 system used by a governmental entity as authorized in Section 41-6a-2003[
348 (65) any record in the custody of the Utah Office for Victims of Crime relating to a
349 victim, including:
350 (a) a victim's application or request for benefits;
351 (b) a victim's receipt or denial of benefits; and
352 (c) any administrative notes or records made or created for the purpose of, or used to,
353 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
354 Reparations Fund.
355 Section 2. Section 63M-7-503 is amended to read:
356 63M-7-503. Restitution -- Reparations not to supplant restitution -- Assignment
357 of claim for restitution judgment to Reparations Office.
358 (1) A reparations award may not supplant restitution as established under Title 77,
359 Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
360 (2) The court may not reduce an order of restitution based on a reparations award.
361 (3) If, due to reparation payments to a victim, the Utah Office for Victims of Crime is
362 assigned under Section 63M-7-519 a claim for the victim's judgment for restitution or a portion
363 of the restitution, the office may file with the sentencing court a notice of [
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369 the amounts or estimated future amounts of payments made or anticipated to be made to or on
370 behalf of the victim. The Utah Office for Victims of Crime may provide a restitution notice to
371 the victim or victim's representative prior to or at sentencing. The amount of restitution sought
372 by the office may be updated at any time, subject to the right of the defendant to object. Failure
373 to provide the notice may not invalidate the imposition of the judgment or order of restitution
374 provided the defendant is given the opportunity to object and be heard as provided in this
375 chapter. Any objection by the defendant to the imposition or amount of restitution shall be
376 made at the time of sentencing or in writing within 20 days of Ĥ→ [
377 [
377a Victims
378 of Crime. Upon the filing of the objection, the court shall allow the defendant a full hearing on
379 the issue as provided by Subsection 77-38a-302(4).
380 (4) If no objection is made or filed by the defendant, then upon conviction and
381 sentencing, the court shall enter a judgment for Ĥ→ [
381a restitution pursuant to
382 the provisions of Subsections 76-3-201(4)(c) and (d) and identify the office as the assignee of
383 the assigned portion of the judgment and order of restitution.
384 (5) If the notice of [
385 of probation or parole, the court or Board of Pardons shall modify any existing civil judgment
386 and order of restitution to include expenses paid by the office on behalf of the victim and
387 identify the office as the assignee of the assigned portion of the judgment and order of
388 restitution. If no judgment or order of restitution has been entered, the court shall enter a
389 judgment for complete restitution and [
390 provisions of Sections 77-38a-302 and 77-38a-401.
391 Section 3. Section 76-3-201 is amended to read:
392 76-3-201. Definitions -- Sentences or combination of sentences allowed -- Civil
393 penalties.
394 (1) As used in this section:
395 (a) "Conviction" includes a:
396 (i) judgment of guilt; and
397 (ii) plea of guilty.
398 (b) "Criminal activities" means any offense of which the defendant is convicted or any
399 other criminal conduct for which the defendant admits responsibility to the sentencing court
400 with or without an admission of committing the criminal conduct.
401 (c) "Pecuniary damages" means all special damages, but not general damages, which a
402 person could recover against the defendant in a civil action arising out of the facts or events
403 constituting the defendant's criminal activities and includes the money equivalent of property
404 taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
405 expenses.
406 (d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
407 victim, and payment for expenses to a governmental entity for extradition or transportation and
408 as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.
409 (e) (i) "Victim" means any person or entity, including the Utah Office for Victims of
410 Crime, who the court determines has suffered pecuniary damages as a result of the defendant's
411 criminal activities.
412 (ii) "Victim" does not include [
413 a codefendant or accomplice.
414 (2) Within the limits prescribed by this chapter, a court may sentence a person
415 convicted of an offense to any one of the following sentences or combination of them:
416 (a) to pay a fine;
417 (b) to removal or disqualification from public or private office;
418 (c) to probation unless otherwise specifically provided by law;
419 (d) to imprisonment;
420 (e) on or after April 27, 1992, to life in prison without parole; or
421 (f) to death.
422 (3) (a) This chapter does not deprive a court of authority conferred by law to:
423 (i) forfeit property;
424 (ii) dissolve a corporation;
425 (iii) suspend or cancel a license;
426 (iv) permit removal of a person from office;
427 (v) cite for contempt; or
428 (vi) impose any other civil penalty.
429 (b) A civil penalty may be included in a sentence.
430 (4) (a) When a person is convicted of criminal activity that has resulted in pecuniary
431 damages, in addition to any other sentence it may impose, the court shall order that the
432 defendant make restitution to the victims, or for conduct for which the defendant has agreed to
433 make restitution as part of a plea agreement.
434 (b) In determining whether restitution is appropriate, the court shall follow the criteria
435 and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
436 (c) In addition to any other sentence the court may impose, the court, pursuant to the
437 provisions of Sections 63M-7-503 and 77-38a-401, shall enter:
438 (i) a civil judgment for complete restitution for the full amount of expenses paid on
439 behalf of the victim by the Utah Office for Victims of Crime; and
440 (ii) an order of restitution for restitution payable to the Utah Office for Victims of
441 Crime in the same amount unless otherwise ordered by the court pursuant to Subsection (4)(d).
442 (d) In determining whether to order that the restitution required under Subsection (4)(c)
443 be reduced or that the defendant be exempted from the restitution, the court shall consider the
444 criteria under Subsections 77-38a-302(5)(c)(i) through (vi) and provide findings of its decision
445 on the record.
446 (5) (a) In addition to any other sentence the court may impose, and unless otherwise
447 ordered by the court, the defendant shall pay restitution of governmental transportation
448 expenses if the defendant was:
449 (i) transported pursuant to court order from one county to another within the state at
450 governmental expense to resolve pending criminal charges;
451 (ii) charged with a felony or a class A, B, or C misdemeanor; and
452 (iii) convicted of a crime.
453 (b) The court may not order the defendant to pay restitution of governmental
454 transportation expenses if any of the following apply:
455 (i) the defendant is charged with an infraction or on a subsequent failure to appear a
456 warrant is issued for an infraction; or
457 (ii) the defendant was not transported pursuant to a court order.
458 (c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i)
459 shall be calculated according to the following schedule:
460 (A) $100 for up to 100 miles a defendant is transported;
461 (B) $200 for 100 up to 200 miles a defendant is transported; and
462 (C) $350 for 200 miles or more a defendant is transported.
463 (ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant
464 transported regardless of the number of defendants actually transported in a single trip.
465 (d) If a defendant has been extradited to this state under Title 77, Chapter 30,
466 Extradition, to resolve pending criminal charges and is convicted of criminal activity in the
467 county to which he has been returned, the court may, in addition to any other sentence it may
468 impose, order that the defendant make restitution for costs expended by any governmental
469 entity for the extradition.
470 (6) (a) In addition to any other sentence the court may impose, and unless otherwise
471 ordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution to the
472 county for the cost of incarceration and costs of medical care provided to the defendant while
473 in the county correctional facility before and after sentencing if:
474 (i) the defendant is convicted of criminal activity that results in incarceration in the
475 county correctional facility; and
476 (ii) (A) the defendant is not a state prisoner housed in a county correctional facility
477 through a contract with the Department of Corrections; or
478 (B) the reimbursement does not duplicate the reimbursement provided under Section
479 64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102, or
480 a state parole inmate, as defined in Section 64-13e-102.
481 (b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined by
482 the county correctional facility, but may not exceed the daily inmate incarceration costs and
483 medical and transportation costs for the county correctional facility.
484 (ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurred
485 by the county correctional facility in providing reasonable accommodation for an inmate
486 qualifying as an individual with a disability as defined and covered by the federal Americans
487 with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mental
488 health treatment for the inmate's disability.
489 (c) In determining whether to order that the restitution required under this Subsection
490 (6) be reduced or that the defendant be exempted from the restitution, the court shall consider
491 the criteria under Subsections 77-38a-302(5)(c)(i) through (vi) and shall enter the reason for its
492 order on the record.
493 (d) If on appeal the defendant is found not guilty of the criminal activity under
494 Subsection (6)(a)(i) and that finding is final as defined in Section 76-1-304, the county shall
495 reimburse the defendant for restitution the defendant paid for costs of incarceration under
496 Subsection (6)(a).
497 Section 4. Section 77-38a-102 is amended to read:
498 77-38a-102. Definitions.
499 As used in this chapter:
500 (1) "Conviction" includes a:
501 (a) judgment of guilt;
502 (b) a plea of guilty; or
503 (c) a plea of no contest.
504 (2) "Criminal activities" means any offense of which the defendant is convicted or any
505 other criminal conduct for which the defendant admits responsibility to the sentencing court
506 with or without an admission of committing the criminal conduct.
507 (3) "Department" means the Department of Corrections.
508 (4) "Diversion" means suspending criminal proceedings prior to conviction on the
509 condition that a defendant agree to participate in a rehabilitation program, make restitution to
510 the victim, or fulfill some other condition.
511 (5) "Party" means the prosecutor, defendant, or department involved in a prosecution.
512 (6) "Pecuniary damages" means all demonstrable economic injury, whether or not yet
513 incurred, which a person could recover in a civil action arising out of the facts or events
514 constituting the defendant's criminal activities and includes the fair market value of property
515 taken, destroyed, broken, or otherwise harmed, and losses including lost earnings and medical
516 expenses, but excludes punitive or exemplary damages and pain and suffering.
517 (7) "Plea agreement" means an agreement entered between the prosecution and
518 defendant setting forth the special terms and conditions and criminal charges upon which the
519 defendant will enter a plea of guilty or no contest.
520 [
521 and defendant including diversion, plea agreement, plea in abeyance agreement, or any
522 agreement by which the defendant may enter a plea in any other jurisdiction or where charges
523 are dismissed without a plea.
524 [
525 and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that
526 time, entering judgment of conviction against him nor imposing sentence upon him on
527 condition that he comply with specific conditions as set forth in a plea in abeyance agreement.
528 [
529 prosecution and the defendant setting forth the specific terms and conditions upon which,
530 following acceptance of the agreement by the court, a plea may be held in abeyance.
531 (11) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
532 victim, including prejudgment interest, the accrual of interest from the time of sentencing,
533 insured damages, reimbursement for payment of a reward, and payment for expenses to a
534 governmental entity for extradition or transportation and as may be further defined by law.
535 (12) (a) "Reward" means a sum of money:
536 (i) offered to the public for information leading to the arrest and conviction of an
537 offender; and
538 (ii) that has been paid to a person or persons who provide this information, except that
539 the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
540 (b) "Reward" does not include any amount paid in excess of the sum offered to the
541 public.
542 (13) "Screening" means the process used by a prosecuting attorney to terminate
543 investigative action, proceed with prosecution, move to dismiss a prosecution that has been
544 commenced, or cause a prosecution to be diverted.
545 (14) (a) "Victim" means any person [
546 Victims of Crime, who the court determines has suffered pecuniary damages as a result of the
547 defendant's criminal activities.
548 (b) "Victim" may not include a codefendant or accomplice.
549 Section 5. Section 77-38a-401 is amended to read:
550 77-38a-401. Entry of judgment -- Interest -- Civil actions -- Lien.
551 (1) Upon the court determining that a defendant owes restitution, the clerk of the court
552 shall enter an order of Ĥ→ [
552a Section 77-38a-302 on
553 the civil judgment docket and provide notice of the order to the parties.
554 (2) The order shall be considered a legal judgment, enforceable under the Utah Rules
555 of Civil Procedure. In addition, the department may, on behalf of the person in whose favor the
556 restitution order is entered, enforce the restitution order as judgment creditor under the Utah
557 Rules of Civil Procedure.
558 (3) If the defendant fails to obey a court order for payment of restitution and the victim
559 or department elects to pursue collection of the order by civil process, the victim shall be
560 entitled to recover collection and reasonable attorney fees.
561 (4) Notwithstanding Subsection 77-18-6(1)(b)(v) and Sections 78B-2-311 and
562 78B-5-202, a judgment ordering restitution when entered on the civil judgment docket shall
563 have the same affect and is subject to the same rules as a judgment in a civil action and expires
564 only upon payment in full, which includes applicable interest, collection fees, and attorney fees.
565 Interest shall accrue on the amount ordered from the time of sentencing, including prejudgment
566 interest. This Subsection (4) applies to all restitution judgments not paid in full on or before
567 May 12, 2009.
568 (5) The department shall make rules permitting the restitution payments to be credited
569 to principal first and the remainder of payments credited to interest in accordance with Title
570 63G, Chapter 3, Utah Administrative Rulemaking Act.
Legislative Review Note
as of 1-8-15 8:42 AM
Office of Legislative Research and General Counsel