Chief Sponsor: Daniel W. Thatcher

House Sponsor: Marc K. Roberts


8     General Description:
9          This bill makes changes in the monitoring and collection of criminal judgment accounts
10     receivable.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     specifies when criminal judgment accounts receivable may be assigned to the Office
15     of State Debt Collection;
16          ▸     allows the court to modify amounts and payment schedules in order to avoid a
17     default;
18          ▸     provides that the court may hold a delinquent or defaulting defendant in contempt;
19          ▸     outlines possible consequences for a delinquent or defaulting defendant; and
20          ▸     makes technical and conforming amendments.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          63A-3-502, as last amended by Laws of Utah 2016, Chapter 129
28          76-3-201, as last amended by Laws of Utah 2015, Chapter 147

29          77-18-1, as last amended by Laws of Utah 2016, Third Special Session, Chapter 4
30          77-18-6, as last amended by Laws of Utah 2014, Chapter 170
31          77-20-4, as last amended by Laws of Utah 2016, Chapter 234
32          77-38a-102, as last amended by Laws of Utah 2016, Chapter 223
33          77-38a-301, as enacted by Laws of Utah 2001, Chapter 137
34          77-38a-302, as last amended by Laws of Utah 2016, Chapter 223
35          77-38a-404, as last amended by Laws of Utah 2011, Chapters 131 and 208
36          77-38a-501, as last amended by Laws of Utah 2003, Chapter 280
37          78B-2-115, as last amended by Laws of Utah 2015, Chapter 434
38     ENACTS:
39          77-32a-101, Utah Code Annotated 1953
40          77-32a-102, Utah Code Annotated 1953
41          77-32a-103, Utah Code Annotated 1953
42          77-32a-104, Utah Code Annotated 1953
43          77-32a-105, Utah Code Annotated 1953
44          77-32a-106, Utah Code Annotated 1953
45          78B-6-317, Utah Code Annotated 1953
47          77-32a-107, (Renumbered from 77-32a-2, as last amended by Laws of Utah 1999,
48     Chapter 21)
49          77-32a-108, (Renumbered from 77-32a-3, as enacted by Laws of Utah 1980, Chapter
50     15)
51          77-32a-109, (Renumbered from 77-32a-4, as enacted by Laws of Utah 1980, Chapter
52     15)
53          77-32a-110, (Renumbered from 77-32a-14, as enacted by Laws of Utah 1980, Chapter
54     15)
55     REPEALS:

56          76-3-201.1, as last amended by Laws of Utah 2015, Chapter 434
57          77-32a-1, as last amended by Laws of Utah 2002, Chapter 35
58          77-32a-5, as enacted by Laws of Utah 1980, Chapter 15
59          77-32a-6, as enacted by Laws of Utah 1980, Chapter 15
60          77-32a-7, as enacted by Laws of Utah 1980, Chapter 15
61          77-32a-8, as enacted by Laws of Utah 1980, Chapter 15
62          77-32a-9, as enacted by Laws of Utah 1980, Chapter 15
63          77-32a-10, as enacted by Laws of Utah 1980, Chapter 15
64          77-32a-11, as enacted by Laws of Utah 1980, Chapter 15
65          77-32a-12, as enacted by Laws of Utah 1980, Chapter 15
66          77-32a-13, as enacted by Laws of Utah 1980, Chapter 15

68     Be it enacted by the Legislature of the state of Utah:
69          Section 1. Section 63A-3-502 is amended to read:
70          63A-3-502. Office of State Debt Collection created -- Duties.
71          (1) The state and each state agency shall comply with the requirements of this chapter
72     and any rules established by the Office of State Debt Collection.
73          (2) There is created the Office of State Debt Collection in the Division of Finance.
74          (3) The office shall:
75          (a) have overall responsibility for collecting and managing state receivables;
76          (b) assist the Division of Finance to develop consistent policies governing the
77     collection and management of state receivables;
78          (c) oversee and monitor state receivables to ensure that state agencies are:
79          (i) implementing all appropriate collection methods;
80          (ii) following established receivables guidelines; and
81          (iii) accounting for and reporting receivables in the appropriate manner;
82          (d) assist the Division of Finance to develop policies, procedures, and guidelines for

83     accounting, reporting, and collecting money owed to the state;
84          (e) provide information, training, and technical assistance to each state agency on
85     various collection-related topics;
86          (f) write an inclusive receivables management and collection manual for use by each
87     state agency;
88          (g) prepare quarterly and annual reports of the state's receivables;
89          (h) create or coordinate a state accounts receivable database;
90          (i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
91     effective accounts receivable program;
92          (j) identify any state agency that is not making satisfactory progress toward
93     implementing collection techniques and improving accounts receivable collections;
94          (k) coordinate information, systems, and procedures between each state agency to
95     maximize the collection of past-due accounts receivable;
96          (l) establish an automated cash receipt process between each state agency;
97          (m) assist the Division of Finance to establish procedures for writing off accounts
98     receivable for accounting and collection purposes;
99          (n) establish standard time limits after which an agency will delegate responsibility to
100     collect state receivables to the office or its designee;
101          (o) be a real party in interest for an account receivable referred to the office by any
102     state agency or for any restitution to victims referred to the office by a court; and
103          (p) allocate money collected for judgments registered under Section 77-18-6 in
104     accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110.
105          (4) The office may:
106          (a) recommend to the Legislature new laws to enhance collection of past-due accounts
107     by state agencies;
108          (b) collect accounts receivables for higher education entities, if the higher education
109     entity agrees;

110          (c) prepare a request for proposal for consulting services to:
111          (i) analyze the state's receivable management and collection efforts; and
112          (ii) identify improvements needed to further enhance the state's effectiveness in
113     collecting its receivables;
114          (d) contract with private or state agencies to collect past-due accounts;
115          (e) perform other appropriate and cost-effective coordinating work directly related to
116     collection of state receivables;
117          (f) obtain access to records and databases of any state agency that are necessary to the
118     duties of the office by following the procedures and requirements of Section 63G-2-206,
119     including the financial disclosure form described in Section 77-38a-204;
120          (g) collect interest and fees related to the collection of receivables under this chapter,
121     and establish, by following the procedures and requirements of Section 63J-1-504:
122          (i) a fee to cover the administrative costs of collection, on accounts administered by the
123     office;
124          (ii) a late penalty fee that may not be more than 10% of the account receivable on
125     accounts administered by the office;
126          (iii) an interest charge that is:
127          (A) the postjudgment interest rate established by Section 15-1-4 in judgments
128     established by the courts; or
129          (B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
130     receivable for which no court judgment has been entered; and
131          (iv) fees to collect accounts receivable for higher education;
132          (h) collect reasonable attorney fees and reasonable costs of collection that are related to
133     the collection of receivables under this chapter;
134          (i) make rules that allow accounts receivable to be collected over a reasonable period
135     of time and under certain conditions with credit cards;
136          (j) file a satisfaction of judgment in the court by following the procedures and

137     requirements of the Utah Rules of Civil Procedure;
138          (k) ensure that judgments for which the office is the judgment creditor are renewed, as
139     necessary;
140          (l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
141     with private sector vendors under contract with the state to assist state agencies in collecting
142     debts owed to the state agencies without changing the classification of any private, controlled,
143     or protected record into a public record;
144          (m) enter into written agreements with other governmental agencies to obtain
145     information for the purpose of collecting state accounts receivable and restitution for victims;
146     and
147          (n) collect accounts receivable for a political subdivision of the state, if the political
148     subdivision enters into an agreement or contract with the office under Title 11, Chapter 13,
149     Interlocal Cooperation Act, for the office to collect the political subdivision's accounts
150     receivable.
151          (5) The office shall ensure that:
152          (a) a record obtained by the office or a private sector vendor as referred to in
153     Subsection (4)(l):
154          (i) is used only for the limited purpose of collecting accounts receivable; and
155          (ii) is subject to federal, state, and local agency records restrictions; and
156          (b) any person employed by, or formerly employed by, the office or a private sector
157     vendor as referred to in Subsection (4)(l) is subject to:
158          (i) the same duty of confidentiality with respect to the record imposed by law on
159     officers and employees of the state agency from which the record was obtained; and
160          (ii) any civil or criminal penalties imposed by law for violations of lawful access to a
161     private, controlled, or protected record.
162          (6) (a) The office shall collect accounts receivable ordered by a court as a result of
163     prosecution for a criminal offense that have been transferred to the office under [Subsection

164     76-3-201.1(5)(h) or (8)] Section 77-32a-102.
165          (b) The office may not assess the interest charge established by the office under
166     Subsection (4) on an account receivable subject to the postjudgment interest rate established by
167     Section 15-1-4.
168          (7) The office shall require a state agency to:
169          (a) transfer collection responsibilities to the office or its designee according to time
170     limits established by the office;
171          (b) make annual progress towards implementing collection techniques and improved
172     accounts receivable collections;
173          (c) use the state's accounts receivable system or develop systems that are adequate to
174     properly account for and report their receivables;
175          (d) develop and implement internal policies and procedures that comply with the
176     collections policies and guidelines established by the office;
177          (e) provide internal accounts receivable training to staff involved in the management
178     and collection of receivables as a supplement to statewide training;
179          (f) bill for and make initial collection efforts of its receivables up to the time the
180     accounts must be transferred; and
181          (g) submit quarterly receivable reports to the office that identify the age, collection
182     status, and funding source of each receivable.
183          (8) The office shall use the information provided by the agencies and any additional
184     information from the office's records to compile a one-page summary report of each agency.
185          (9) The summary shall include:
186          (a) the type of revenue that is owed to the agency;
187          (b) any attempted collection activity; and
188          (c) any costs incurred in the collection process.
189          (10) The office shall annually provide copies of each agency's summary to the governor
190     and to the Legislature.

191          (11) All interest, fees, and other amounts authorized to be charged by the office under
192     Subsection (4):
193          (a) are penalties that may be charged by the office; and
194          (b) are not compensation for actual pecuniary loss.
195          Section 2. Section 76-3-201 is amended to read:
196          76-3-201. Definitions -- Sentences or combination of sentences allowed -- Civil
197     penalties.
198          (1) As used in this section:
199          (a) "Conviction" includes a:
200          (i) judgment of guilt; [and]
201          (ii) plea of guilty[.]; or
202          (iii) plea of no contest.
203          (b) "Criminal activities" means any misdemeanor or felony offense [of] for which the
204     defendant is convicted or any other criminal conduct for which the defendant admits
205     responsibility to the sentencing court with or without an admission of committing the criminal
206     conduct.
207          (c) "Pecuniary damages" means all special damages, but not general damages, which a
208     person could recover against the defendant in a civil action arising out of the facts or events
209     constituting the defendant's criminal activities and includes the money equivalent of property
210     taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
211     expenses.
212          (d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
213     victim, and payment for expenses to a governmental entity for extradition or transportation and
214     as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.
215          (e) (i) "Victim" means any person or entity, including the Utah Office for Victims of
216     Crime, who the court determines has suffered pecuniary damages as a result of the defendant's
217     criminal activities.

218          (ii) "Victim" does not include a codefendant or accomplice.
219          (2) Within the limits prescribed by this chapter, a court may sentence a person
220     convicted of an offense to any one of the following sentences or combination of them:
221          (a) to pay a fine;
222          (b) to removal or disqualification from public or private office;
223          (c) to probation unless otherwise specifically provided by law;
224          (d) to imprisonment;
225          (e) on or after April 27, 1992, to life in prison without parole; or
226          (f) to death.
227          (3) (a) This chapter does not deprive a court of authority conferred by law to:
228          (i) forfeit property;
229          (ii) dissolve a corporation;
230          (iii) suspend or cancel a license;
231          (iv) permit removal of a person from office;
232          (v) cite for contempt; or
233          (vi) impose any other civil penalty.
234          (b) A civil penalty may be included in a sentence.
235          (4) (a) When a person is convicted of criminal activity that has resulted in pecuniary
236     damages, in addition to any other sentence it may impose, the court shall order that the
237     defendant make restitution to the victims, or for conduct for which the defendant has agreed to
238     make restitution as part of a plea agreement.
239          (b) In determining whether restitution is appropriate, the court shall follow the criteria
240     and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
241          (c) In addition to any other sentence the court may impose, the court, pursuant to the
242     provisions of Sections 63M-7-503 and 77-38a-401, shall enter:
243          (i) a civil judgment for complete restitution for the full amount of expenses paid on
244     behalf of the victim by the Utah Office for Victims of Crime; and

245          (ii) an order of restitution for restitution payable to the Utah Office for Victims of
246     Crime in the same amount unless otherwise ordered by the court pursuant to Subsection (4)(d).
247          (d) In determining whether to order that the restitution required under Subsection (4)(c)
248     be reduced or that the defendant be exempted from the restitution, the court shall consider the
249     criteria under Subsections 77-38a-302(5)(c)(i) through (vi) and provide findings of its decision
250     on the record.
251          (5) (a) In addition to any other sentence the court may impose, and unless otherwise
252     ordered by the court, the defendant shall pay restitution of governmental transportation
253     expenses if the defendant was:
254          (i) transported pursuant to court order from one county to another within the state at
255     governmental expense to resolve pending criminal charges;
256          (ii) charged with a felony or a class A, B, or C misdemeanor; and
257          (iii) convicted of a crime.
258          (b) The court may not order the defendant to pay restitution of governmental
259     transportation expenses if any of the following apply:
260          (i) the defendant is charged with an infraction or on a subsequent failure to appear a
261     warrant is issued for an infraction; or
262          (ii) the defendant was not transported pursuant to a court order.
263          (c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i)
264     shall be calculated according to the following schedule:
265          (A) $100 for up to 100 miles a defendant is transported;
266          (B) $200 for 100 up to 200 miles a defendant is transported; and
267          (C) $350 for 200 miles or more a defendant is transported.
268          (ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant
269     transported regardless of the number of defendants actually transported in a single trip.
270          (d) If a defendant has been extradited to this state under Title 77, Chapter 30,
271     Extradition, to resolve pending criminal charges and is convicted of criminal activity in the

272     county to which he has been returned, the court may, in addition to any other sentence it may
273     impose, order that the defendant make restitution for costs expended by any governmental
274     entity for the extradition.
275          (6) (a) In addition to any other sentence the court may impose, and unless otherwise
276     ordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution to the
277     county for the cost of incarceration and costs of medical care provided to the defendant while
278     in the county correctional facility before and after sentencing if:
279          (i) the defendant is convicted of criminal activity that results in incarceration in the
280     county correctional facility; and
281          (ii) (A) the defendant is not a state prisoner housed in a county correctional facility
282     through a contract with the Department of Corrections; or
283          (B) the reimbursement does not duplicate the reimbursement provided under Section
284     64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102, or
285     a state parole inmate, as defined in Section 64-13e-102.
286          (b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined by
287     the county correctional facility, but may not exceed the daily inmate incarceration costs and
288     medical and transportation costs for the county correctional facility.
289          (ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurred
290     by the county correctional facility in providing reasonable accommodation for an inmate
291     qualifying as an individual with a disability as defined and covered by the federal Americans
292     with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mental
293     health treatment for the inmate's disability.
294          (c) In determining whether to order that the restitution required under this Subsection
295     (6) be reduced or that the defendant be exempted from the restitution, the court shall consider
296     the criteria under Subsections 77-38a-302(5)(c)(i) through (vi) and shall enter the reason for its
297     order on the record.
298          (d) If on appeal the defendant is found not guilty of the criminal activity under

299     Subsection (6)(a)(i) and that finding is final as defined in Section 76-1-304, the county shall
300     reimburse the defendant for restitution the defendant paid for costs of incarceration under
301     Subsection (6)(a).
302          (7) In addition to any other sentence the court may impose, the court shall determine
303     whether costs are appropriate pursuant to Section 77-32a-107.
304          Section 3. Section 77-18-1 is amended to read:
305          77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation --
306     Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
307     conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
308     monitoring.
309          (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
310     in abeyance agreement, the court may hold the plea in abeyance as provided in Title 77,
311     Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
312          (2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
313     crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
314     and place the defendant on probation. The court may place the defendant:
315          (i) on probation under the supervision of the Department of Corrections except in cases
316     of class C misdemeanors or infractions;
317          (ii) on probation under the supervision of an agency of local government or with a
318     private organization; or
319          (iii) on court probation under the jurisdiction of the sentencing court.
320          (b) (i) The legal custody of all probationers under the supervision of the department is
321     with the department.
322          (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
323     is vested as ordered by the court.
324          (iii) The court has continuing jurisdiction over all probationers.
325          (iv) Court probation may include an administrative level of services, including

326     notification to the court of scheduled periodic reviews of the probationer's compliance with
327     conditions.
328          (c) Supervised probation services provided by the department, an agency of local
329     government, or a private organization shall specifically address the offender's risk of
330     reoffending as identified by a validated risk and needs screening or assessment.
331          (3) (a) The department shall establish supervision and presentence investigation
332     standards for all individuals referred to the department. These standards shall be based on:
333          (i) the type of offense;
334          (ii) the results of a risk and needs assessment;
335          (iii) the demand for services;
336          (iv) the availability of agency resources;
337          (v) public safety; and
338          (vi) other criteria established by the department to determine what level of services
339     shall be provided.
340          (b) Proposed supervision and investigation standards shall be submitted to the Judicial
341     Council and the Board of Pardons and Parole on an annual basis for review and comment prior
342     to adoption by the department.
343          (c) The Judicial Council and the department shall establish procedures to implement
344     the supervision and investigation standards.
345          (d) The Judicial Council and the department shall annually consider modifications to
346     the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
347     appropriate.
348          (e) The Judicial Council and the department shall annually prepare an impact report
349     and submit it to the appropriate legislative appropriations subcommittee.
350          (4) Notwithstanding other provisions of law, the department is not required to
351     supervise the probation of persons convicted of class B or C misdemeanors or infractions or to
352     conduct presentence investigation reports on class C misdemeanors or infractions. However,

353     the department may supervise the probation of class B misdemeanants in accordance with
354     department standards.
355          (5) (a) Before the imposition of any sentence, the court may, with the concurrence of
356     the defendant, continue the date for the imposition of sentence for a reasonable period of time
357     for the purpose of obtaining a presentence investigation report from the department or
358     information from other sources about the defendant.
359          (b) The presentence investigation report shall include:
360          (i) a victim impact statement according to guidelines set in Section 77-38a-203
361     describing the effect of the crime on the victim and the victim's family;
362          (ii) a specific statement of pecuniary damages, accompanied by a recommendation
363     from the department regarding the payment of restitution with interest by the defendant in
364     accordance with Title 77, Chapter 38a, Crime Victims Restitution Act;
365          (iii) findings from any screening and any assessment of the offender conducted under
366     Section 77-18-1.1;
367          (iv) recommendations for treatment of the offender; and
368          (v) the number of days since the commission of the offense that the offender has spent
369     in the custody of the jail and the number of days, if any, the offender was released to a
370     supervised release or alternative incarceration program under Section 17-22-5.5.
371          (c) The contents of the presentence investigation report are protected and are not
372     available except by court order for purposes of sentencing as provided by rule of the Judicial
373     Council or for use by the department.
374          (6) (a) The department shall provide the presentence investigation report to the
375     defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
376     court for review, three working days prior to sentencing. Any alleged inaccuracies in the
377     presentence investigation report, which have not been resolved by the parties and the
378     department prior to sentencing, shall be brought to the attention of the sentencing judge, and
379     the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the

380     report with the department. If after 10 working days the inaccuracies cannot be resolved, the
381     court shall make a determination of relevance and accuracy on the record.
382          (b) If a party fails to challenge the accuracy of the presentence investigation report at
383     the time of sentencing, that matter shall be considered to be waived.
384          (7) At the time of sentence, the court shall receive any testimony, evidence, or
385     information the defendant or the prosecuting attorney desires to present concerning the
386     appropriate sentence. This testimony, evidence, or information shall be presented in open court
387     on record and in the presence of the defendant.
388          (8) While on probation, and as a condition of probation, the court may require that the
389     defendant:
390          (a) perform any or all of the following:
391          [(i) pay, in one or several sums, any fine imposed at the time of being placed on
392     probation;]
393          [(ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;]
394          [(iii)] (i) provide for the support of others for whose support the defendant is legally
395     liable;
396          [(iv)] (ii) participate in available treatment programs, including any treatment program
397     in which the defendant is currently participating, if the program is acceptable to the court;
398          [(v)] (iii) if on probation for a felony offense, serve a period of time, not to exceed one
399     year, in a county jail designated by the department, after considering any recommendation by
400     the court as to which jail the court finds most appropriate;
401          [(vi)] (iv) serve a term of home confinement, which may include the use of electronic
402     monitoring;
403          [(vii)] (v) participate in compensatory service restitution programs, including the
404     compensatory service program provided in Section 76-6-107.1;
405          [(viii)] (vi) pay for the costs of investigation, probation, and treatment services;
406          [(ix)] (vii) make restitution or reparation to the victim or victims with interest in

407     accordance with Title 77, Chapter 38a, Crime Victims Restitution Act; and
408          [(x)] (viii) comply with other terms and conditions the court considers appropriate to
409     ensure public safety or increase a defendant's likelihood of success on probation; and
410          (b) if convicted on or after May 5, 1997:
411          (i) complete high school classwork and obtain a high school graduation diploma, a
412     GED certificate, or a vocational certificate at the defendant's own expense if the defendant has
413     not received the diploma, GED certificate, or vocational certificate prior to being placed on
414     probation; or
415          (ii) provide documentation of the inability to obtain one of the items listed in
416     Subsection (8)(b)(i) because of:
417          (A) a diagnosed learning disability; or
418          (B) other justified cause.
419          (9) The department shall collect and disburse the [account] accounts receivable as
420     defined by Section [76-3-201.1] 77-32a-101, with interest and any other costs assessed under
421     Section 64-13-21 during:
422          (a) the parole period and any extension of that period in accordance with Subsection
423     77-27-6(4); and
424          (b) the probation period in cases for which the court orders supervised probation and
425     any extension of that period by the department in accordance with Subsection (10).
426          (10) (a) (i) Probation may be terminated at any time at the discretion of the court or
427     upon completion without violation of 36 months probation in felony or class A misdemeanor
428     cases, 12 months in cases of class B or C misdemeanors or infractions, or as allowed pursuant
429     to Section 64-13-21 regarding earned credits.
430          (ii) (A) If, upon expiration or termination of the probation period under Subsection
431     (10)(a)(i), there remains an unpaid balance upon the [account] accounts receivable as defined
432     in Section [76-3-201.1] 77-32a-101, the court may retain jurisdiction of the case and continue
433     the defendant on bench probation for the limited purpose of enforcing the payment of the

434     account receivable. If the court retains jurisdiction for this limited purpose, the court may
435     order the defendant to pay to the court the costs associated with continued probation under this
436     Subsection (10).
437          (B) In accordance with Section 77-18-6, the court shall record in the registry of civil
438     judgments any unpaid balance not already recorded and immediately transfer responsibility to
439     collect the account to the Office of State Debt Collection.
440          (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
441     own motion, the court may require the defendant to show cause why the defendant's failure to
442     pay should not be treated as contempt of court.
443          (b) (i) The department shall notify the sentencing court, the Office of State Debt
444     Collection, and the prosecuting attorney in writing in advance in all cases when termination of
445     supervised probation is being requested by the department or will occur by law.
446          (ii) The notification shall include a probation progress report and complete report of
447     details on outstanding accounts receivable.
448          (11) (a) (i) Any time served by a probationer outside of confinement after having been
449     charged with a probation violation and prior to a hearing to revoke probation does not
450     constitute service of time toward the total probation term unless the probationer is exonerated
451     at a hearing to revoke the probation.
452          (ii) Any time served in confinement awaiting a hearing or decision concerning
453     revocation of probation does not constitute service of time toward the total probation term
454     unless the probationer is exonerated at the hearing.
455          (iii) Any time served in confinement awaiting a hearing or decision concerning
456     revocation of probation constitutes service of time toward a term of incarceration imposed as a
457     result of the revocation of probation or a graduated sanction imposed under Section
458     63M-7-404.
459          (b) The running of the probation period is tolled upon the filing of a violation report
460     with the court alleging a violation of the terms and conditions of probation or upon the issuance

461     of an order to show cause or warrant by the court.
462          (12) (a) (i) Probation may be modified as is consistent with the graduated sanctions and
463     incentives developed by the Utah Sentencing Commission under Section 63M-7-404, but the
464     length of probation may not be extended, except upon waiver of a hearing by the probationer or
465     upon a hearing and a finding in court that the probationer has violated the conditions of
466     probation.
467          (ii) Probation may not be revoked except upon a hearing in court and a finding that the
468     conditions of probation have been violated.
469          (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to
470     constitute violation of the conditions of probation, the court that authorized probation shall
471     determine if the affidavit establishes probable cause to believe that revocation, modification, or
472     extension of probation is justified.
473          (ii) If the court determines there is probable cause, it shall cause to be served on the
474     defendant a warrant for the defendant's arrest or a copy of the affidavit and an order to show
475     cause why the defendant's probation should not be revoked, modified, or extended.
476          (c) (i) The order to show cause shall specify a time and place for the hearing and shall
477     be served upon the defendant at least five days prior to the hearing.
478          (ii) The defendant shall show good cause for a continuance.
479          (iii) The order to show cause shall inform the defendant of a right to be represented by
480     counsel at the hearing and to have counsel appointed if the defendant is indigent.
481          (iv) The order shall also inform the defendant of a right to present evidence.
482          (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
483          (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney
484     shall present evidence on the allegations.
485          (iii) The persons who have given adverse information on which the allegations are
486     based shall be presented as witnesses subject to questioning by the defendant unless the court
487     for good cause otherwise orders.

488          (iv) The defendant may call witnesses, appear and speak in the defendant's own behalf,
489     and present evidence.
490          (e) (i) After the hearing the court shall make findings of fact.
491          (ii) Upon a finding that the defendant violated the conditions of probation, the court
492     may order the probation revoked, modified, continued, or reinstated for all or a portion of the
493     original term of probation.
494          (iii) If a period of incarceration is imposed for a violation, the defendant shall be
495     sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
496     Subsection 63M-7-404(4), unless the judge determines that:
497          (A) the defendant needs substance abuse or mental health treatment, as determined by a
498     validated risk and needs screening and assessment, that warrants treatment services that are
499     immediately available in the community; or
500          (B) the sentence previously imposed shall be executed.
501          (iv) If the defendant had, prior to the imposition of a term of incarceration or the
502     execution of the previously imposed sentence under this Subsection (12), served time in jail as
503     a condition of probation or due to a violation of probation under Subsection
504     [77-18-1](12)(e)(iii), the time the probationer served in jail constitutes service of time toward
505     the sentence previously imposed.
506          (13) The court may order the defendant to commit himself or herself to the custody of
507     the Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as
508     a condition of probation or stay of sentence, only after the superintendent of the Utah State
509     Hospital or the superintendent's designee has certified to the court that:
510          (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
511          (b) treatment space at the hospital is available for the defendant; and
512          (c) persons described in Subsection 62A-15-610(2)(g) are receiving priority for
513     treatment over the defendants described in this Subsection (13).
514          (14) Presentence investigation reports are classified protected in accordance with Title

515     63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
516     63G-2-403 and 63G-2-404, the State Records Committee may not order the disclosure of a
517     presentence investigation report. Except for disclosure at the time of sentencing pursuant to
518     this section, the department may disclose the presentence investigation only when:
519          (a) ordered by the court pursuant to Subsection 63G-2-202(7);
520          (b) requested by a law enforcement agency or other agency approved by the department
521     for purposes of supervision, confinement, and treatment of the offender;
522          (c) requested by the Board of Pardons and Parole;
523          (d) requested by the subject of the presentence investigation report or the subject's
524     authorized representative; or
525          (e) requested by the victim of the crime discussed in the presentence investigation
526     report or the victim's authorized representative, provided that the disclosure to the victim shall
527     include only information relating to statements or materials provided by the victim, to the
528     circumstances of the crime including statements by the defendant, or to the impact of the crime
529     on the victim or the victim's household.
530          (15) (a) The court shall consider home confinement as a condition of probation under
531     the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
532          (b) The department shall establish procedures and standards for home confinement,
533     including electronic monitoring, for all individuals referred to the department in accordance
534     with Subsection (16).
535          (16) (a) If the court places the defendant on probation under this section, it may order
536     the defendant to participate in home confinement through the use of electronic monitoring as
537     described in this section until further order of the court.
538          (b) The electronic monitoring shall alert the department and the appropriate law
539     enforcement unit of the defendant's whereabouts.
540          (c) The electronic monitoring device shall be used under conditions which require:
541          (i) the defendant to wear an electronic monitoring device at all times; and

542          (ii) that a device be placed in the home of the defendant, so that the defendant's
543     compliance with the court's order may be monitored.
544          (d) If a court orders a defendant to participate in home confinement through electronic
545     monitoring as a condition of probation under this section, it shall:
546          (i) place the defendant on probation under the supervision of the Department of
547     Corrections;
548          (ii) order the department to place an electronic monitoring device on the defendant and
549     install electronic monitoring equipment in the residence of the defendant; and
550          (iii) order the defendant to pay the costs associated with home confinement to the
551     department or the program provider.
552          (e) The department shall pay the costs of home confinement through electronic
553     monitoring only for those persons who have been determined to be indigent by the court.
554          (f) The department may provide the electronic monitoring described in this section
555     either directly or by contract with a private provider.
556          Section 4. Section 77-18-6 is amended to read:
557          77-18-6. Judgment to pay fine or restitution constitutes a lien.
558          (1) (a) In cases not supervised by the Department of Corrections, the clerk of the
559     district court shall:
560          (i) transfer the responsibility to collect past due accounts receivable to the Office of
561     State Debt Collection when the accounts receivable are 90 days or more past due;
562          (ii) before transferring the responsibility to collect the past due account receivable to
563     the Office of State Debt Collection, record each judgment of conviction of a crime that orders
564     the payment of a fine, forfeiture, surcharge, cost permitted by statute, or fee in the registry of
565     civil judgments, listing the Office of State Debt Collection as the judgment creditor; and
566          (iii) receive notification from the Office of State Debt Collection when a civil
567     judgment ordered for payment of accounts receivable[, as defined] in Section [76-3-201.1,]
568     77-32a-102 or 77-32a-103 has been satisfied.

569          (b) (i) The clerk of court shall record each judgment of conviction that orders the
570     payment of restitution to a victim in the registry of civil judgments, listing the victim, or the
571     estate of the victim, as the judgment creditor.
572          (ii) The Department of Corrections shall collect the judgment on behalf of the victim as
573     provided in Subsection 77-18-1(9).
574          (iii) The court shall collect the judgment on behalf of the victim as provided in
575     Subsection 78A-2-214(2).
576          (iv) The victim may collect the judgment.
577          [(v) The victim is responsible for timely renewal of the judgment under Section
578     78B-5-202.]
579          (2) When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registry
580     of civil judgments, the judgment:
581          (a) constitutes a lien;
582          (b) has the same effect and is subject to the same rules as a judgment for money in a
583     civil action; and
584          (c) may be collected by any means authorized by law for the collection of a civil
585     judgment.
586          Section 5. Section 77-20-4 is amended to read:
587          77-20-4. Bail to be posted in cash, by credit or debit card, or by written
588     undertaking.
589          (1) Bail may be posted:
590          (a) in cash;
591          (b) by written undertaking with or without sureties at the discretion of the magistrate;
592     or
593          (c) by credit or debit card, at the discretion of the judge or bail commissioner.
594          (2) Bail may not be accepted without receiving in writing at the time the bail is posted
595     the current mailing address, telephone number, and email address of the surety.

596          (3) Bail posted by debit or credit card, less the fee charged by the financial institution,
597     shall be tendered to the courts.
598          (4) Bail refunded by the court may be refunded by credit to the debit or credit card, or
599     cash. The amount refunded shall be the full amount received by the court under Subsection
600     (3), which may be less than the full amount of the bail set by the court.
601          (5) Before refunding bail that is posted by the defendant in cash, by credit card, or by
602     debit card, the court may apply the amount posted toward accounts receivable, as defined in
603     Section [76-3-201.1] 77-32a-101, that are owed by the defendant in the priority set forth in
604     Section 77-38a-404.
605          Section 6. Section 77-32a-101 is enacted to read:

607          77-32a-101. Definitions.
608          As used in this chapter:
609          (1) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
610     surcharges, costs, interest, penalties, restitution to victims, third party claims, claims,
611     reimbursement of a reward, and damages.
612          (2) "Criminal judgment accounts receivable" means any amounts owed by a criminal
613     defendant arising from a criminal judgment that has not been paid. This includes fines,
614     surcharges, costs, interest, and restitution.
615          (3) "Default" means an account receivable that is overdue by at least 90 days.
616          (4) "Delinquent" means an account receivable or installment payment that is overdue
617     by more than 28 but less than 90 days.
618          Section 7. Section 77-32a-102 is enacted to read:
619          77-32a-102. Creation of criminal judgment account receivable.
620          (1) At the time of sentencing or acceptance of a plea in abeyance, the court shall
621     establish the criminal accounts receivable, as determined in this chapter including all amounts
622     then owing, including, as applicable, fines, fees, surcharges, costs, restitution, and interest.

623          (2) After creating the account receivable, the court:
624          (a) shall, in the case of felonies where a prison sentence is imposed and not suspended,
625     enter any unpaid criminal judgment account receivable as a civil judgment and transfer the
626     responsibility for collecting the judgment to the Office of State Debt Collection;
627          (b) may, in other cases, permit a defendant to pay the criminal judgment account
628     receivable by a date certain or in installments; or
629          (c) may, in other cases where the court finds that collection of the account by the court
630     would not be feasible, enter any unpaid criminal judgment account receivable as a civil
631     judgment and transfer the responsibility for collecting the judgement to the Office of State Debt
632     Collection.
633          (3) A court allowing installment payments does not limit the ability of a judgment
634     creditor to pursue collection by any means allowable by law.
635          (4) If the court makes restitution or another financial decision at a time after sentencing
636     that increases the total amount owed in a case, the criminal accounts receivable balance shall
637     be adjusted to include the new amounts determined by the court.
638          (5) The court may modify the amount and number of any installment payments, as
639     justice requires, at any time before the time for default as outlined in Subsection
640     77-32a-103(2).
641          (6) In the district court, delinquent accounts may incur post judgment interest.
642          Section 8. Section 77-32a-103 is enacted to read:
643          77-32a-103. Past due accounts or payments -- Authority to send to Office of State
644     Debt Collection independent of probation status -- Expiration.
645          (1) If a criminal judgment account receivable retained by the court becomes more than
646     30 days past due, the court may, without a motion or a hearing, record the unpaid balance of the
647     account receivable as a civil judgment and transfer the responsibility for collecting the
648     judgment to the Office of State Debt Collection.
649          (2) If a criminal judgment account receivable retained by the court is more than 90 days

650     past due, the district court shall, without a motion or hearing, record the unpaid balance of the
651     criminal judgment account receivable as a civil judgment and transfer the responsibility for
652     collecting the criminal judgment account receivable to the Office of State Debt Collection.
653          (3) (a) Criminal judgment accounts receivable are not subject to civil statutes of
654     limitations and expire only upon payment in full.
655          (b) This Subsection (3) applies to all criminal judgment accounts receivable not paid in
656     full on or before May 12, 2017.
657          Section 9. Section 77-32a-104 is enacted to read:
658          77-32a-104. Delinquency and default as contempt of court.
659          (1) If a criminal judgment accounts receivable, or any installment due, becomes
660     delinquent, the court, upon motion of the prosecutor, a judgment creditor, or upon the court's
661     own motion, may order the defendant to appear and show cause why the delinquency should
662     not be treated as contempt of court as provided in Section 78B-6-317.
663          (2) After the hearing, if it appears to the satisfaction of the court that the delinquency is
664     not contempt, the court may enter an order for any of the following or any combination of the
665     following:
666          (a) require the defendant to pay the criminal judgment account receivable or a specified
667     part of the criminal judgment account receivable by a date certain;
668          (b) restructure the payment schedule;
669          (c) restructure the installment amount;
670          (d) except as limited by Subsection (4), satisfy the criminal judgment account
671     receivable or any part of the criminal judgment account receivable with proof of compensatory
672     service at a rate of credit at not less than $10 for each hour of compensatory service;
673          (e) except as limited by Subsection (4), reduce or revoke the unpaid amount of the
674     criminal judgment account receivable; or
675          (f) record the unpaid balance of the criminal judgment account receivable as a civil
676     judgment and transfer the responsibility for collecting the judgment to the Office of State Debt

677     Collection.
678          (3) The court may add postjudgment interest to the total accounts receivable if not
679     previously ordered or included.
680          (4) If the court determines that the delinquency does constitute contempt the court shall
681     address the contempt as provided in Section 78B-6-310.
682          (5) In issuing an order under this section, the court may not modify the amount of the
683     judgment of complete restitution.
684          (6) If the defendant is a corporation or unincorporated association, any contempt
685     proceeding authorized by this section shall cite the person authorized to make disbursement
686     from the assets of the corporation or association.
687          Section 10. Section 77-32a-105 is enacted to read:
688          77-32a-105. Accounts with balances at termination of probation.
689          (1) When a defendant successfully terminates probation and has a nondelinquent
690     criminal judgment account receivable with an outstanding balance, the court shall retain the
691     account and allow the defendant to continue paying off the account.
692          (2) Should any balance become delinquent or in default, the court shall take
693     appropriate action pursuant to Section 77-32a-103 or 77-32a-104.
694          Section 11. Section 77-32a-106 is enacted to read:
695          77-32a-106. Transfer of collection responsibility does not affect probation.
696          If a court transfers a criminal account receivable to the Office of State Debt Collection
697     that includes an amount of court-ordered restitution, the payment of which is a term of
698     probation pursuant to Subsection 77-18-1(8), the transfer may not affect the court's ability to
699     monitor the payment as a condition of probation.
700          Section 12. Section 77-32a-107, which is renumbered from Section 77-32a-2 is
701     renumbered and amended to read:
702          [77-32a-2].      77-32a-107. Costs -- What constitute.
703          Costs shall be limited to expenses specially incurred by the state or any political

704     subdivision in investigating, searching for, apprehending, and prosecuting the defendant,
705     including attorney fees of counsel assigned to represent the defendant, [interpreter fees,] and
706     investigators' fees. Costs [cannot] may not include expenses inherent in providing a
707     constitutionally guaranteed trial or expenditures in connection with the maintenance and
708     operation of government agencies that must be made by the public irrespective of specific
709     violations of law. Costs [cannot] may not include [attorneys'] attorney fees for prosecuting
710     attorneys.
711          Section 13. Section 77-32a-108, which is renumbered from Section 77-32a-3 is
712     renumbered and amended to read:
713          [77-32a-3].      77-32a-108. Ability to pay considered.
714          The court [shall] may not include in the judgment a sentence that a defendant pay costs
715     unless the defendant is or will be able to pay them. In determining the amount [and method of
716     payment] of costs, the court shall take into account [of] the financial resources of the defendant
717     [and], the nature of the burden that payment of costs will impose, and that restitution [be] is the
718     first priority.
719          Section 14. Section 77-32a-109, which is renumbered from Section 77-32a-4 is
720     renumbered and amended to read:
721          [77-32a-4].      77-32a-109. Petition for remission of payment of costs.
722          A defendant who has been [sentenced] ordered to pay costs and who is not[ in
723     contumacious default] delinquent in the payment thereof may at any time petition the
724     sentencing court [which sentenced him for remission of the payment of costs or of] to reduce
725     any unpaid portion [thereof] of those costs. If it appears to the satisfaction of the court that
726     payment of the amount due will impose manifest hardship on the defendant or [his] the
727     defendant's immediate family, the court may remit all or part of the amount due in costs, or
728     modify the method of payment under Section [77-32a-5] 77-32a-104.
729          Section 15. Section 77-32a-110, which is renumbered from Section 77-32a-14 is
730     renumbered and amended to read:

731          [77-32a-14].      77-32a-110. Verified statement of time and expenses of
732     counsel for indigent defendants.
733          The court may require a verified statement of time and expenses from appointed
734     counsel or the nonprofit legal aid or other association providing counsel to convicted indigent
735     defendants in order to establish the costs, if any, which will be included in the judgment.
736          Section 16. Section 77-38a-102 is amended to read:
737          77-38a-102. Definitions.
738          As used in this chapter:
739          (1) "Conviction" includes a:
740          (a) judgment of guilt;
741          (b) a plea of guilty; or
742          (c) a plea of no contest.
743          (2) "Criminal activities" means:
744          (a) any misdemeanor or felony offense of which the defendant is convicted; or
745          (b) any other criminal conduct for which the defendant admits responsibility to the
746     sentencing court with or without an admission of committing the criminal conduct.
747          (3) "Department" means the Department of Corrections.
748          (4) "Diversion" means suspending criminal proceedings prior to conviction on the
749     condition that a defendant agree to participate in a rehabilitation program, make restitution to
750     the victim, or fulfill some other condition.
751          (5) "Party" means the prosecutor, defendant, or department involved in a prosecution.
752          (6) "Pecuniary damages" means all demonstrable economic injury, whether or not yet
753     incurred, including those which a person could recover in a civil action arising out of the facts
754     or events constituting the defendant's criminal activities and includes the fair market value of
755     property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings,
756     including those and other travel expenses reasonably incurred as a result of participation in
757     criminal proceedings, and medical and other expenses, but excludes punitive or exemplary

758     damages and pain and suffering.
759          (7) "Plea agreement" means an agreement entered between the prosecution and
760     defendant setting forth the special terms and conditions and criminal charges upon which the
761     defendant will enter a plea of guilty or no contest.
762          (8) "Plea disposition" means an agreement entered into between the prosecution and
763     defendant including diversion, plea agreement, plea in abeyance agreement, or any agreement
764     by which the defendant may enter a plea in any other jurisdiction or where charges are
765     dismissed without a plea.
766          (9) "Plea in abeyance" means an order by a court, upon motion of the prosecution and
767     the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that
768     time, entering judgment of conviction against him nor imposing sentence upon him on
769     condition that he comply with specific conditions as set forth in a plea in abeyance agreement.
770          (10) "Plea in abeyance agreement" means an agreement entered into between the
771     prosecution and the defendant setting forth the specific terms and conditions upon which,
772     following acceptance of the agreement by the court, a plea may be held in abeyance.
773          (11) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
774     victim, including prejudgment interest, the accrual of interest from the time of sentencing,
775     insured damages, reimbursement for payment of a reward, and payment for expenses to a
776     governmental entity for extradition or transportation and as may be further defined by law.
777          (12) (a) "Reward" means a sum of money:
778          (i) offered to the public for information leading to the arrest and conviction of an
779     offender; and
780          (ii) that has been paid to a person or persons who provide this information, except that
781     the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
782          (b) "Reward" does not include any amount paid in excess of the sum offered to the
783     public.
784          (13) "Screening" means the process used by a prosecuting attorney to terminate

785     investigative action, proceed with prosecution, move to dismiss a prosecution that has been
786     commenced, or cause a prosecution to be diverted.
787          (14) (a) "Victim" means any person or entity, including the Utah Office for Victims of
788     Crime, who the court determines has suffered pecuniary damages as a result of the defendant's
789     criminal activities.
790          (b) "Victim" may not include a codefendant or accomplice.
791          Section 17. Section 77-38a-301 is amended to read:
792          77-38a-301. Restitution -- Convicted defendant may be required to pay.
793          In a criminal action, the court may require a defendant who enters into a plea
794     disposition or is convicted [defendant] to make restitution.
795          Section 18. Section 77-38a-302 is amended to read:
796          77-38a-302. Restitution criteria.
797          (1) When a defendant enters into a plea disposition or is convicted of criminal activity
798     that has resulted in pecuniary damages, in addition to any other sentence or term of a plea in
799     abeyance it may impose, the court shall order that the defendant make restitution to victims of
800     crime as provided in this chapter, or for conduct for which the defendant has agreed to make
801     restitution as part of a plea disposition. For purposes of restitution, [a victim has the meaning
802     as] "victim" means the same as that term is defined in Subsection 77-38a-102(14) [and in]. In
803     determining whether restitution is appropriate, the court shall follow the criteria and procedures
804     as provided in Subsections (2) through (5).
805          (2) In determining restitution, the court shall determine complete restitution and
806     court-ordered restitution.
807          (a) "Complete restitution" means restitution necessary to compensate a victim for all
808     losses caused by the defendant.
809          (b) "Court-ordered restitution" means the restitution the court having criminal
810     jurisdiction orders the defendant to pay as a part of the criminal sentence.
811          (c) Complete restitution and court-ordered restitution shall be determined as provided

812     in Subsection (5).
813          (3) If the court determines that restitution is appropriate or inappropriate under this
814     part, the court shall make the reasons for the decision part of the court record.
815          (4) If the defendant objects to the imposition, amount, or distribution of the restitution,
816     the court shall allow the defendant a full hearing on the issue.
817          (5) (a) For the purpose of determining restitution for an offense, the offense shall
818     include any criminal conduct admitted by the defendant to the sentencing court or to which the
819     defendant agrees to pay restitution. A victim of an offense that involves as an element a
820     scheme, a conspiracy, or a pattern of criminal activity, includes any person directly harmed by
821     the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.
822          (b) In determining the monetary sum and other conditions for complete restitution, the
823     court shall consider all relevant facts, including:
824          (i) the cost of the damage or loss if the offense resulted in damage to or loss or
825     destruction of property of a victim of the offense;
826          (ii) the cost of necessary medical and related professional services and devices relating
827     to physical or mental health care, including nonmedical care and treatment rendered in
828     accordance with a method of healing recognized by the law of the place of treatment;
829          (iii) the cost of necessary physical and occupational therapy and rehabilitation;
830          (iv) the income lost by the victim as a result of the offense;
831          (v) the individual victim's reasonable determinable wages that are lost due to theft of or
832     damage to tools or equipment items of a trade that were owned by the victim and were essential
833     to the victim's current employment at the time of the offense; and
834          (vi) the cost of necessary funeral and related services if the offense resulted in the death
835     of a victim.
836          (c) In determining the monetary sum and other conditions for court-ordered restitution,
837     the court shall consider:
838          (i) the factors listed in Subsections (5)(a) and (b);

839          (ii) the financial resources of the defendant, as disclosed in the financial declaration
840     described in Section 77-38a-204;
841          (iii) the burden that payment of restitution will impose, with regard to the other
842     obligations of the defendant;
843          (iv) the ability of the defendant to pay restitution on an installment basis or on other
844     conditions to be fixed by the court;
845          (v) the rehabilitative effect on the defendant of the payment of restitution and the
846     method of payment; and
847          (vi) other circumstances that the court determines may make restitution inappropriate.
848          (d) (i) The prosecuting agency shall submit all requests for complete restitution and
849     court-ordered restitution to the court at the time of sentencing if feasible, otherwise within one
850     year after sentencing.
851          (ii) If a defendant is placed on probation pursuant to Section 77-18-1:
852          (A) the court shall determine complete restitution and court-ordered restitution; and
853          (B) the time period for determination of complete restitution and court-ordered
854     restitution may be extended by the court upon a finding of good cause, but may not exceed the
855     period of the probation term served by the defendant.
856          (iii) If the defendant is committed to prison:
857          (A) any pecuniary damages that have not been determined by the court within one year
858     after sentencing may be determined by the Board of Pardons and Parole; and
859          (B) the Board of Pardons and Parole may, within one year after sentencing, refer an
860     order of judgment and commitment back to the court for determination of restitution.
861          Section 19. Section 77-38a-404 is amended to read:
862          77-38a-404. Priority.
863          (1) Restitution payments made pursuant to a court order shall be disbursed to victims
864     within 60 days of receipt from the defendant by the court or department provided:
865          (a) the victim has complied with Subsection 77-38a-203(1)(b);

866          (b) if the defendant has tendered a negotiable instrument, funds from the financial
867     institution are actually received; and
868          (c) the payment to the victim is at least $5, unless the payment is the final payment.
869          (2) If restitution to more than one person, agency, or entity is required at the same time,
870     the department shall establish the following priorities of payment, except as provided in
871     Subsection (4):
872          (a) the crime victim;
873          (b) the Utah Office for Victims of Crime;
874          (c) any other government agency which has provided reimbursement to the victim as a
875     result of the offender's criminal conduct;
876          (d) the person, entity, or governmental agency that has offered and paid a reward under
877     Section [76-3-201.1] 77-32a-101 or 78A-6-117;
878          (e) any insurance company which has provided reimbursement to the victim as a result
879     of the offender's criminal conduct; and
880          (f) any county correctional facility to which the defendant is required to pay restitution
881     under Subsection 76-3-201(6).
882          (3) Restitution ordered under Subsection (2)(f) is paid after criminal fines and
883     surcharges are paid.
884          (4) If the offender is required under Section 53-10-404 to reimburse the department for
885     the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after
886     restitution to the crime victim under Subsection (2)(a).
887          (5) All money collected for court-ordered obligations from offenders by the department
888     will be applied:
889          (a) first, to victim restitution, except the current and past due amount of $30 per month
890     required to be collected by the department under Section 64-13-21, if applicable; and
891          (b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection
892     (4).

893          (6) Restitution owed to more than one victim shall be disbursed to each victim
894     according to the percentage of each victim's share of the total restitution order.
895          Section 20. Section 77-38a-501 is amended to read:
896          77-38a-501. Default and sanctions.
897          (1) When a defendant defaults in the payment of a judgment for restitution or any
898     installment ordered, the court, on motion of the prosecutor, parole or probation agent, victim,
899     or on its own motion may:
900          (a) impose sanctions against the defendant as provided in Section [76-3-201.1.]
901     77-32a-104; or
902          (b) if the payment of restitution to a victim was a term of probation, begin probation
903     violation proceedings as provided in Subsection 77-18-1(12).
904          (2) The court may not impose a sanction against the defendant under Subsection (1) if:
905          (a) the defendant's sole default in the payment of a judgement for restitution is the
906     failure to pay restitution ordered under Subsection 76-3-201(6) regarding costs of incarceration
907     in a county correctional facility; and
908          (b) the sanction would extend the defendant's term of probation or parole.
909          Section 21. Section 78B-2-115 is amended to read:
910          78B-2-115. Actions by state or other governmental entity.
911          Except for the provisions of Section 78B-2-116, and the collection of criminal fines,
912     fees, and restitution by the Office of State Debt Collection in accordance with [Sections]
913     Section 63A-3-502 and [76-3-201.1] Title 77, Chapter 32a, Criminal Accounts Receivable and
914     Defense Costs, the limitations in this chapter apply to actions brought in the name of or for the
915     benefit of the state or other governmental entity the same as to actions by private parties.
916          Section 22. Section 78B-6-317 is enacted to read:
917          78B-6-317. Willful failure to pay criminal judgment accounts receivable.
918          (1) If a criminal judgment accounts receivable has become delinquent as defined in
919     Section 77-32a-101, the court, by motion of the prosecutor, a judgment creditor, the Office of

920     State Debt Collection, or on the court's own motion, may order the defendant to appear and
921     show cause why the delinquency should not be treated as contempt of court, as provided in this
922     section.
923          (2) (a) The moving party or a court clerk shall provide a declaration outlining the
924     nature of the debt and the delinquency.
925          (b) Upon receipt of that declaration, the court shall set the matter for a hearing and
926     provide notice of the hearing to the defendant by mailing notice of the hearing to the
927     defendant's last known address and by any other means the court finds likely to provide
928     defendant notice of the hearing.
929          (i) If it appears to the court that the defendant is not likely to appear at the hearing, the
930     court may issue an arrest warrant with a bail amount reasonably likely to guarantee the
931     defendant's appearance.
932          (ii) If the defendant is a corporation or an unincorporated association, the court shall
933     cite the person authorized to make disbursement from the assets of the corporation or
934     association to appear to answer for the alleged contempt.
935          (3) At the hearing the defendant is entitled to be represented by counsel and, if the
936     court is considering a period of incarceration as a potential sanction, appointed counsel if the
937     defendant is indigent.
938          (4) To find the defendant in contempt, the court shall find beyond a reasonable doubt
939     that the defendant:
940          (a) was aware of the obligation to pay the criminal judgment accounts receivable;
941          (b) had the capacity to pay the criminal judgment accounts receivable in the manner
942     ordered by the court; and
943          (c) did not make a good faith effort to make the payments.
944          (5) If the court finds the defendant in contempt for nonpayment, the court may impose
945     the sanctions for contempt as provided in Section 78B-6-310, subject to the limitations in
946     Subsections (6) through (8).

947          (6) If the court imposes a jail sanction for the contempt, the number of jail days may
948     not exceed one day for each $100 of the amount the court finds was contemptuously unpaid, up
949     to a maximum of five days for contempt arising from a class B misdemeanor or lesser offense,
950     and 30 days for a class A misdemeanor or felony offense.
951          (7) Any jail sanction imposed for contempt under this section shall serve to satisfy the
952     criminal judgment account receivable at $100 for each day served. Amounts satisfied under this
953     Subsection (7) may not include restitution amounts ordered by the court in accordance with
954     Title 77, Chapter 38a, Crime Victims Restitution Act.
955          (8) Any financial penalty authorized by Section 78B-6-310 and ordered by the court
956     may only become due after the satisfaction of the original criminal account receivable.
957          (9) The order of the court finding the defendant in contempt and ordering sanctions is a
958     final appealable order.
959          Section 23. Repealer.
960          This bill repeals:
961          Section 76-3-201.1, Collection of criminal judgment accounts receivable.
962          Section 77-32a-1, Convicted defendant may be required to pay costs.
963          Section 77-32a-5, Time and method of payment.
964          Section 77-32a-6, Payment as condition of probation or suspended sentence.
965          Section 77-32a-7, Default in payment as contempt -- Order to show cause --
966     Warrant of arrest.
967          Section 77-32a-8, Default in payment as contempt -- What constitutes contempt --
968     Imprisonment.
969          Section 77-32a-9, Costs imposed on corporation or association -- Duty to pay --
970     Contempt.
971          Section 77-32a-10, Imprisonment for contempt -- Limitations.
972          Section 77-32a-11, Default not constituting contempt -- Relief allowed.
973          Section 77-32a-12, Collection of payment in default -- Execution.

974          Section 77-32a-13, Docketing judgment for costs.