1     
CRIMINAL JUSTICE RESTITUTION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to restitution in criminal cases.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions relating to restitution in a criminal case and to past due
13     accounts for restitution;
14          ▸     expands when the Office of State Debt Collection is a real party in interest to an
15     account receivable referred by the Board of Pardons and Parole;
16          ▸     modifies provisions relating to costs for governmental transportation expenses
17     ordered to be paid in a sentence imposed on a defendant;
18          ▸     modifies provisions relating to presentence investigation reports;
19          ▸     authorizes a court to find a defendant in contempt of court for a failure to pay an
20     accounts receivable balance as required;
21          ▸     modifies provisions relating to judgments for past due accounts receivable due from
22     a criminal defendant;
23          ▸     modifies the authority of the Board of Pardons and Parole with respect to ordering
24     restitution and provides for a process for an offender who objects to the amount of
25     restitution;
26          ▸     modifies a prosecuting attorney's duties with respect to restitution;
27          ▸     modifies a provision relating to the preparation of a presentence investigation
28     report; and
29          ▸     repeals a provision relating to the willful failure to pay criminal judgment accounts
30     receivable.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          63A-3-502, as last amended by Laws of Utah 2017, Chapters 56 and 304
38          76-3-201, as last amended by Laws of Utah 2017, Chapter 304
39          77-7-5, as last amended by Laws of Utah 2016, Chapter 162
40          77-18-1, as last amended by Laws of Utah 2018, Chapter 334
41          77-18-6, as last amended by Laws of Utah 2017, Chapter 304
42          77-27-6, as last amended by Laws of Utah 2016, Chapter 223
43          77-32a-103, as enacted by Laws of Utah 2017, Chapter 304
44          77-32a-104, as enacted by Laws of Utah 2017, Chapter 304
45          77-38a-201, as enacted by Laws of Utah 2001, Chapter 137
46          77-38a-202, as last amended by Laws of Utah 2011, Chapter 131
47          77-38a-204, as enacted by Laws of Utah 2013, Chapter 74
48          77-38a-302, as last amended by Laws of Utah 2017, Chapter 304
49     REPEALS AND REENACTS:
50          77-38a-203, as last amended by Laws of Utah 2013, Chapter 74
51     REPEALS:
52          78B-6-317, as enacted by Laws of Utah 2017, Chapter 304
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 63A-3-502 is amended to read:
56          63A-3-502. Office of State Debt Collection created -- Duties.
57          (1) The state and each state agency shall comply with the requirements of this chapter
58     and any rules established by the Office of State Debt Collection.
59          (2) There is created the Office of State Debt Collection in the Division of Finance.
60          (3) The office shall:
61          (a) have overall responsibility for collecting and managing state receivables;
62          (b) assist the Division of Finance to develop consistent policies governing the
63     collection and management of state receivables;
64          (c) oversee and monitor state receivables to ensure that state agencies are:
65          (i) implementing all appropriate collection methods;
66          (ii) following established receivables guidelines; and
67          (iii) accounting for and reporting receivables in the appropriate manner;
68          (d) assist the Division of Finance to develop policies, procedures, and guidelines for
69     accounting, reporting, and collecting money owed to the state;
70          (e) provide information, training, and technical assistance to each state agency on
71     various collection-related topics;
72          (f) write an inclusive receivables management and collection manual for use by each
73     state agency;
74          (g) prepare quarterly and annual reports of the state's receivables;
75          (h) create or coordinate a state accounts receivable database;
76          (i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
77     effective accounts receivable program;
78          (j) identify any state agency that is not making satisfactory progress toward
79     implementing collection techniques and improving accounts receivable collections;
80          (k) coordinate information, systems, and procedures between each state agency to
81     maximize the collection of past-due accounts receivable;
82          (l) establish an automated cash receipt process between each state agency;
83          (m) assist the Division of Finance to establish procedures for writing off accounts
84     receivable for accounting and collection purposes;
85          (n) establish standard time limits after which an agency will delegate responsibility to
86     collect state receivables to the office or its designee;
87          (o) be a real party in interest for an account receivable referred to the office by any
88     state agency or for any restitution to victims referred to the office by a court or by the Board of
89     Pardons and Parole; and
90          (p) allocate money collected for judgments registered under Section 77-18-6 in
91     accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110.
92          (4) The office may:
93          (a) recommend to the Legislature new laws to enhance collection of past-due accounts
94     by state agencies;
95          (b) collect accounts receivables for higher education entities, if the higher education
96     entity agrees;
97          (c) prepare a request for proposal for consulting services to:
98          (i) analyze the state's receivable management and collection efforts; and
99          (ii) identify improvements needed to further enhance the state's effectiveness in
100     collecting its receivables;
101          (d) contract with private or state agencies to collect past-due accounts;
102          (e) perform other appropriate and cost-effective coordinating work directly related to
103     collection of state receivables;
104          (f) obtain access to records and databases of any state agency that are necessary to the
105     duties of the office by following the procedures and requirements of Section 63G-2-206,
106     including the financial disclosure form described in Section 77-38a-204;
107          (g) collect interest and fees related to the collection of receivables under this chapter,
108     and establish, by following the procedures and requirements of Section 63J-1-504:
109          (i) a fee to cover the administrative costs of collection, on accounts administered by the
110     office;
111          (ii) a late penalty fee that may not be more than 10% of the account receivable on
112     accounts administered by the office;
113          (iii) an interest charge that is:
114          (A) the postjudgment interest rate established by Section 15-1-4 in judgments
115     established by the courts; or
116          (B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
117     receivable for which no court judgment has been entered; and
118          (iv) fees to collect accounts receivable for higher education;
119          (h) collect reasonable attorney fees and reasonable costs of collection that are related to
120     the collection of receivables under this chapter;
121          (i) make rules that allow accounts receivable to be collected over a reasonable period
122     of time and under certain conditions with credit cards;
123          (j) file a satisfaction of judgment in the court by following the procedures and
124     requirements of the Utah Rules of Civil Procedure;
125          (k) ensure that judgments for which the office is the judgment creditor are renewed, as
126     necessary;
127          (l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
128     with private sector vendors under contract with the state to assist state agencies in collecting
129     debts owed to the state agencies without changing the classification of any private, controlled,
130     or protected record into a public record;
131          (m) enter into written agreements with other governmental agencies to obtain
132     information for the purpose of collecting state accounts receivable and restitution for victims;
133     and
134          (n) collect accounts receivable for a political subdivision of the state, if the political
135     subdivision enters into an agreement or contract with the office under Title 11, Chapter 13,
136     Interlocal Cooperation Act, for the office to collect the political subdivision's accounts
137     receivable.
138          (5) The office shall ensure that:
139          (a) a record obtained by the office or a private sector vendor as referred to in
140     Subsection (4)(l):
141          (i) is used only for the limited purpose of collecting accounts receivable; and
142          (ii) is subject to federal, state, and local agency records restrictions; and
143          (b) any person employed by, or formerly employed by, the office or a private sector
144     vendor as referred to in Subsection (4)(l) is subject to:
145          (i) the same duty of confidentiality with respect to the record imposed by law on
146     officers and employees of the state agency from which the record was obtained; and
147          (ii) any civil or criminal penalties imposed by law for violations of lawful access to a
148     private, controlled, or protected record.
149          (6) (a) The office shall collect accounts receivable ordered by a court as a result of
150     prosecution for a criminal offense that have been transferred to the office under Section
151     77-32a-102.
152          (b) The office may not assess the interest charge established by the office under
153     Subsection (4) on an account receivable subject to the postjudgment interest rate established by
154     Section 15-1-4.
155          (7) The office shall require a state agency to:
156          (a) transfer collection responsibilities to the office or its designee according to time
157     limits established by the office;
158          (b) make annual progress towards implementing collection techniques and improved
159     accounts receivable collections;
160          (c) use the state's accounts receivable system or develop systems that are adequate to
161     properly account for and report their receivables;
162          (d) develop and implement internal policies and procedures that comply with the
163     collections policies and guidelines established by the office;
164          (e) provide internal accounts receivable training to staff involved in the management
165     and collection of receivables as a supplement to statewide training;
166          (f) bill for and make initial collection efforts of its receivables up to the time the
167     accounts must be transferred; and
168          (g) submit quarterly receivable reports to the office that identify the age, collection
169     status, and funding source of each receivable.
170          (8) All interest, fees, and other amounts authorized to be charged by the office under
171     Subsection (4):
172          (a) are penalties that may be charged by the office; and
173          (b) are not compensation for actual pecuniary loss.
174          Section 2. Section 76-3-201 is amended to read:
175          76-3-201. Definitions -- Sentences or combination of sentences allowed -- Civil
176     penalties.
177          [(1) As used in this section:]
178          [(a) "Conviction" includes a:]
179          [(i) judgment of guilt;]
180          [(ii) plea of guilty; or]
181          [(iii) plea of no contest.]
182          [(b) "Criminal activities" means any misdemeanor or felony offense for which the
183     defendant is convicted or any other criminal conduct for which the defendant admits
184     responsibility to the sentencing court with or without an admission of committing the criminal
185     conduct.]
186          [(c) "Pecuniary damages" means all special damages, but not general damages, which a
187     person could recover against the defendant in a civil action arising out of the facts or events
188     constituting the defendant's criminal activities and includes the money equivalent of property
189     taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical
190     expenses.]
191          [(d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
192     victim, and payment for expenses to a governmental entity for extradition or transportation and
193     as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.]
194          [(e) (i) "Victim" means any person or entity, including the Utah Office for Victims of
195     Crime, who the court determines has suffered pecuniary damages as a result of the defendant's
196     criminal activities.]
197          [(ii) "Victim" does not include a codefendant or accomplice.]
198          (1) As used in this section, "convicted" means:
199          (a) having entered a plea of guilty, guilty with a mental illness, or no contest; or
200          (b) becoming the subject of a judgment of guilty or guilty with a mental illness.
201          (2) Within the limits prescribed by this chapter, a court may sentence a person
202     convicted of an offense to any one of the following sentences or combination of them:
203          (a) to pay a fine;
204          (b) to removal or disqualification from public or private office;
205          (c) to probation unless otherwise specifically provided by law;
206          (d) to imprisonment;
207          (e) on or after April 27, 1992, to life in prison without parole; or
208          (f) to death.
209          (3) (a) This chapter does not deprive a court of authority conferred by law to:
210          (i) forfeit property;
211          (ii) dissolve a corporation;
212          (iii) suspend or cancel a license;
213          (iv) permit removal of a person from office;
214          (v) cite for contempt; or
215          (vi) impose any other civil penalty.
216          (b) A civil penalty may be included in a sentence.
217          [(4) (a) When a person is convicted of criminal activity that has resulted in pecuniary
218     damages, in addition to any other sentence it may impose, the court shall order that the
219     defendant make restitution to the victims, or for conduct for which the defendant has agreed to
220     make restitution as part of a plea agreement.]
221          [(b) In determining whether restitution is appropriate, the court shall follow the criteria
222     and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.]
223          [(c) In addition to any other sentence the court may impose, the court, pursuant to the
224     provisions of Sections 63M-7-503 and 77-38a-401, shall enter:]
225          [(i) a civil judgment for complete restitution for the full amount of expenses paid on
226     behalf of the victim by the Utah Office for Victims of Crime; and]
227          [(ii) an order of restitution for restitution payable to the Utah Office for Victims of
228     Crime in the same amount unless otherwise ordered by the court pursuant to Subsection
229     (4)(d).]
230          [(d) In determining whether to order that the restitution required under Subsection
231     (4)(c) be reduced or that the defendant be exempted from the restitution, the court shall
232     consider the criteria under Subsections 77-38a-302(5)(c)(i) through (vi) and provide findings of
233     its decision on the record.]
234          (4) In addition to any other sentence the court may impose, the court shall order the
235     defendant to pay restitution as provided in Title 77, Chapter 38a, Crime Victims Restitution
236     Act.
237          (5) (a) In addition to any other sentence the court may impose, [and unless otherwise
238     ordered by the court,] the court shall order the defendant [shall pay restitution of] to pay costs
239     for governmental transportation expenses if the defendant was:
240          (i) transported pursuant to court order from one county to another within the state at
241     governmental expense to resolve pending criminal charges;
242          (ii) charged with a felony or a class A, B, or C misdemeanor; and
243          (iii) convicted of a crime.
244          (b) The court may not order the defendant to pay [restitution of] costs for governmental
245     transportation expenses if any of the following apply:
246          (i) the defendant is charged with an infraction or on a subsequent failure to appear a
247     warrant is issued for an infraction; or
248          (ii) the defendant was not transported pursuant to a court order.
249          (c) (i) [Restitution of] Costs for governmental transportation expenses under
250     Subsection (5)(a)(i) shall be calculated according to the following schedule:
251          (A) $100 for up to 100 miles a defendant is transported;
252          (B) $200 for 100 up to 200 miles a defendant is transported; and
253          (C) $350 for 200 miles or more a defendant is transported.
254          (ii) The schedule of [restitution] costs under Subsection (5)(c)(i) applies to each
255     defendant transported regardless of the number of defendants actually transported in a single
256     trip.
257          (d) If a defendant has been extradited to this state under Title 77, Chapter 30,
258     Extradition, to resolve pending criminal charges and is convicted of criminal activity in the
259     county to which he has been returned, the court may, in addition to any other sentence it may
260     impose, order that the defendant [make restitution for] pay costs expended by any
261     governmental entity for the extradition.
262          (6) (a) In addition to any other sentence the court may impose, [and unless otherwise
263     ordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution] the court
264     may order the defendant to pay costs to the county for [the cost of] incarceration and [costs of]
265     medical care provided to the defendant while in the county correctional facility before and after
266     sentencing if:
267          (i) the defendant is convicted of criminal activity that results in incarceration in the
268     county correctional facility; and
269          (ii) (A) the defendant is not a state prisoner housed in a county correctional facility
270     through a contract with the Department of Corrections; or
271          (B) the reimbursement does not duplicate the reimbursement provided under Section
272     64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102, or
273     a state parole inmate, as defined in Section 64-13e-102.
274          (b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined by
275     the county correctional facility, but may not exceed the daily inmate incarceration costs and
276     medical and transportation costs for the county correctional facility.
277          (ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurred
278     by the county correctional facility in providing reasonable accommodation for an inmate
279     qualifying as an individual with a disability as defined and covered by the federal Americans
280     with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mental
281     health treatment for the inmate's disability.
282          (c) In determining whether to order [that the restitution required] costs under this
283     Subsection (6) be reduced or that the defendant be exempted from [the restitution] an order to
284     pay costs, the court shall consider the criteria under Subsections 77-38a-302(5)(c)(i) through
285     (vi) and shall enter the reason for its order on the record.
286          (d) If on appeal the defendant is found not guilty of the criminal activity under
287     Subsection (6)(a)(i) and that finding is final as defined in Section 76-1-304, the county shall
288     reimburse the defendant for restitution the defendant paid for costs of incarceration under
289     Subsection (6)(a).
290          (7) In addition to any other sentence the court may impose, the court shall determine
291     whether costs are appropriate pursuant to Section 77-32a-107.
292          Section 3. Section 77-7-5 is amended to read:
293          77-7-5. Issuance of summons or warrant -- Time and place arrests may be made
294     -- Contents of warrant or summons -- Responsibility for transporting prisoners -- Court
295     clerk to dispense restitution for transportation.
296          (1) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance
297     of the accused only upon finding:
298          (a) probable cause to believe that the person to be arrested has committed a public
299     offense; and
300          (b) under the Utah Rules of Criminal Procedure, and this section that a warrant is
301     necessary to:
302          (i) prevent risk of injury to a person or property;
303          (ii) secure the appearance of the accused; or
304          (iii) protect the public safety and welfare of the community or an individual.
305          (2) If the offense charged is:
306          (a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
307          (b) a misdemeanor, the arrest upon a warrant can be made at night only if:
308          (i) the magistrate has endorsed authorization to do so on the warrant;
309          (ii) the person to be arrested is upon a public highway, in a public place, or in a place
310     open to or accessible to the public; or
311          (iii) the person to be arrested is encountered by a peace officer in the regular course of
312     that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for
313     arrest.
314          (3) For the purpose of Subsection (1):
315          (a) daytime hours are the hours of 6 a.m. to 10 p.m.; and
316          (b) nighttime hours are the hours after 10 p.m. and before 6 a.m.
317          (4) (a) If the magistrate determines that the accused must appear in court, the
318     magistrate shall include in the arrest warrant the name of the law enforcement agency in the
319     county or municipality with jurisdiction over the offense charged.
320          (b) (i) The law enforcement agency identified by the magistrate under Subsection (4)(a)
321     is responsible for providing inter-county transportation of the defendant, if necessary, from the
322     arresting law enforcement agency to the court site.
323          (ii) The law enforcement agency named on the warrant may contract with another law
324     enforcement agency to have a defendant transported.
325          (c) (i) The law enforcement agency identified by the magistrate under Subsection (4)(a)
326     as responsible for transporting the defendant shall provide to the court clerk of the court in
327     which the defendant is tried, an affidavit stating that the defendant was transported, indicating
328     the law enforcement agency responsible for the transportation, and stating the number of miles
329     the defendant was transported.
330          (ii) The court clerk shall account for [restitution] costs paid under Subsection
331     76-3-201(5) for governmental transportation expenses and dispense [restitution] money
332     collected by the court to the law enforcement agency responsible for the transportation of a
333     convicted defendant.
334          Section 4. Section 77-18-1 is amended to read:
335          77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation --
336     Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
337     conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
338     monitoring.
339          (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
340     in abeyance agreement, the court may hold the plea in abeyance as provided in [Title 77,]
341     Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
342          (2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
343     crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
344     and place the defendant:
345          (i) on probation under the supervision of the Department of Corrections except in cases
346     of class C misdemeanors or infractions;
347          (ii) on probation under the supervision of an agency of local government or with a
348     private organization; or
349          (iii) on court probation under the jurisdiction of the sentencing court.
350          (b) (i) The legal custody of all probationers under the supervision of the department is
351     with the department.
352          (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
353     is vested as ordered by the court.
354          (iii) The court has continuing jurisdiction over all probationers.
355          (iv) Court probation may include an administrative level of services, including
356     notification to the court of scheduled periodic reviews of the probationer's compliance with
357     conditions.
358          (c) Supervised probation services provided by the department, an agency of local
359     government, or a private organization shall specifically address the offender's risk of
360     reoffending as identified by a validated risk and needs screening or assessment.
361          (3) (a) The department shall establish supervision and presentence investigation
362     standards for all individuals referred to the department based on:
363          (i) the type of offense;
364          (ii) the results of a risk and needs assessment;
365          (iii) the demand for services;
366          (iv) the availability of agency resources;
367          (v) public safety; and
368          (vi) other criteria established by the department to determine what level of services
369     shall be provided.
370          (b) Proposed supervision and investigation standards shall be submitted to the Judicial
371     Council and the Board of Pardons and Parole on an annual basis for review and comment prior
372     to adoption by the department.
373          (c) The Judicial Council and the department shall establish procedures to implement
374     the supervision and investigation standards.
375          (d) The Judicial Council and the department shall annually consider modifications to
376     the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
377     appropriate.
378          (e) The Judicial Council and the department shall annually prepare an impact report
379     and submit it to the appropriate legislative appropriations subcommittee.
380          (4) Notwithstanding other provisions of law, the department is not required to
381     supervise the probation of an individual convicted of a class B or C misdemeanor or an
382     infraction or to conduct presentence investigation reports on a class C misdemeanor or
383     infraction. However, the department may supervise the probation of a class B misdemeanant in
384     accordance with department standards.
385          (5) (a) Before the imposition of any sentence, the court may, with the concurrence of
386     the defendant, continue the date for the imposition of sentence for a reasonable period of time
387     for the purpose of obtaining a presentence investigation report from the department or
388     information from other sources about the defendant.
389          (b) The presentence investigation report shall include:
390          (i) a victim impact statement, according to guidelines set in Section 77-38a-203
391     [describing], that:
392          (A) describes the effect of the crime on the victim and the victim's family;
393          (B) includes the names of all victims of the offense;
394          (C) describes any physical, mental, or emotional injuries suffered by a victim as a
395     result of the offense and the seriousness and permanence of the injuries;
396          (D) explains any change in a victim's personal welfare or familial relationships as a
397     result of the offense;
398          (E) includes any request for mental health services initiated by a victim or a victim's
399     family as a result of the offense; and
400          (F) includes any other information related to the impact of the offense upon a victim or
401     a victim's family that the court or Board of Pardons and Parole require;
402          (ii) [a specific statement of pecuniary damages, accompanied by a recommendation
403     from the department regarding the payment of restitution with interest by the defendant]
404     restitution information in accordance with [Title 77,] Chapter 38a, Crime Victims Restitution
405     Act;
406          (iii) findings from any screening and any assessment of the offender conducted under
407     Section 77-18-1.1;
408          (iv) recommendations for treatment of the offender; and
409          (v) the number of days since the commission of the offense that the offender has spent
410     in the custody of the jail and the number of days, if any, the offender was released to a
411     supervised release or alternative incarceration program under Section 17-22-5.5.
412          (c) The contents of the presentence investigation report are protected and are not
413     available except by court order for purposes of sentencing as provided by rule of the Judicial
414     Council or for use by the department.
415          (6) (a) The department shall provide the presentence investigation report to the
416     defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
417     court for review, three working days prior to sentencing. Any alleged inaccuracies in the
418     presentence investigation report, which have not been resolved by the parties and the
419     department prior to sentencing, shall be brought to the attention of the sentencing judge, and
420     the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
421     report with the department. If after 10 working days the inaccuracies cannot be resolved, the
422     court shall make a determination of relevance and accuracy on the record.
423          (b) If a party fails to challenge the accuracy of the presentence investigation report at
424     the time of sentencing, that matter shall be considered to be waived.
425          (c) The Division of Adult Probation and Parole shall document the court's findings of
426     relevance and accuracy of the presentence investigation report under Subsection (6)(a) in an
427     attachment to the presentence investigation report as ordered by the court.
428          (7) At the time of sentence, the court shall receive any testimony, evidence, or
429     information the defendant or the prosecuting attorney desires to present concerning the
430     appropriate sentence. This testimony, evidence, or information shall be presented in open court
431     on record and in the presence of the defendant.
432          (8) While on probation, and as a condition of probation, the court may require that a
433     defendant perform any or all of the following:
434          (a) provide for the support of others for whose support the defendant is legally liable;
435          (b) participate in available treatment programs, including any treatment program in
436     which the defendant is currently participating, if the program is acceptable to the court;
437          (c) if on probation for a felony offense, serve a period of time, not to exceed one year,
438     in a county jail designated by the department, after considering any recommendation by the
439     court as to which jail the court finds most appropriate;
440          (d) serve a term of home confinement, which may include the use of electronic
441     monitoring;
442          (e) participate in compensatory service restitution programs, including the
443     compensatory service program provided in Section 76-6-107.1;
444          (f) pay for the costs of investigation, probation, and treatment services;
445          (g) [make restitution or reparation to the victim or victims with interest] pay restitution
446     in accordance with [Title 77,] Chapter 38a, Crime Victims Restitution Act; and
447          (h) comply with other terms and conditions the court considers appropriate to ensure
448     public safety or increase a defendant's likelihood of success on probation.
449          (9) The department shall collect and disburse the accounts receivable as defined by
450     Section 77-32a-101, with interest and any other costs assessed under Section 64-13-21 during:
451          (a) the parole period and any extension of that period in accordance with Subsection
452     77-27-6(4); and
453          (b) the probation period in cases for which the court orders supervised probation and
454     any extension of that period by the department in accordance with Subsection (10).
455          (10) (a) (i) Except as provided in Subsection (10)(a)(ii), probation of an individual
456     placed on probation after December 31, 2018:
457          (A) may not exceed the individual's maximum sentence;
458          (B) shall be for a period of time that is in accordance with the supervision length
459     guidelines established by the Utah Sentencing Commission under Section 63M-7-404, to the
460     extent the guidelines are consistent with the requirements of the law; and
461          (C) shall be terminated in accordance with the supervision length guidelines
462     established by the Utah Sentencing Commission under Section 63M-7-404, to the extent the
463     guidelines are consistent with the requirements of the law.
464          (ii) Probation of an individual placed on probation after December 31, 2018, whose
465     maximum sentence is one year or less may not exceed 36 months.
466          (iii) Probation of an individual placed on probation on or after October 1, 2015, but
467     before January 1, 2019, may be terminated at any time at the discretion of the court or upon
468     completion without violation of 36 months probation in felony or class A misdemeanor cases,
469     12 months in cases of class B or C misdemeanors or infractions, or as allowed pursuant to
470     Section 64-13-21 regarding earned credits.
471          (b) (i) If, upon expiration or termination of the probation period under Subsection
472     (10)(a), there remains an unpaid balance upon the accounts receivable as defined in Section
473     77-32a-101, the court may retain jurisdiction of the case and continue the defendant on bench
474     probation for the limited purpose of enforcing the payment of the account receivable. If the
475     court retains jurisdiction for this limited purpose, the court may order the defendant to pay to
476     the court the costs associated with continued probation under this Subsection (10).
477          (ii) In accordance with Section 77-18-6, the court shall record in the registry of civil
478     judgments any unpaid balance not already recorded and immediately transfer responsibility to
479     collect the account to the Office of State Debt Collection.
480          (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
481     own motion, the court may require the defendant to show cause why the defendant's failure to
482     pay should not be treated as contempt of court.
483          (iv) A court may find a defendant in contempt of court for the defendant's failure to pay
484     an accounts receivable balance as required as a condition of probation if the court finds by a
485     preponderance of the evidence that the defendant:
486          (A) was aware of the obligation to pay the accounts receivable balance;
487          (B) had the capacity to pay the accounts receivable balance; and
488          (C) failed to make a good faith effort to pay the accounts receivable balance.
489          (v) A court that imposes a jail sanction for contempt of court under Subsection
490     (10)(b)(iv) may not require the defendant to serve more than one jail day for each $100 of the
491     unpaid accounts receivable balance for which the court finds the defendant in contempt, subject
492     to a maximum of:
493          (A) five days for contempt arising from a class B misdemeanor or lesser offense; and
494          (B) 30 days for a class A misdemeanor or felony offense.
495          (vi) A jail sanction imposed under Subsection (10)(b)(iv) satisfies the criminal
496     judgment accounts receivable at the rate of $100 per day served, in accordance with Chapter
497     38a, Crime Victims Restitution Act.
498          (vii) A financial penalty under Section 78B-6-310 that the court orders may become
499     due only after the satisfaction of the original criminal judgment accounts receivable.
500          (c) (i) The department shall notify the sentencing court, the Office of State Debt
501     Collection, and the prosecuting attorney in writing in advance in all cases when termination of
502     supervised probation is being requested by the department or will occur by law.
503          (ii) The notification shall include a probation progress report and complete report of
504     details on outstanding accounts receivable.
505          (11) (a) (i) Any time served by a probationer outside of confinement after having been
506     charged with a probation violation and prior to a hearing to revoke probation does not
507     constitute service of time toward the total probation term unless the probationer is exonerated
508     at a hearing to revoke the probation.
509          (ii) Any time served in confinement awaiting a hearing or decision concerning
510     revocation of probation does not constitute service of time toward the total probation term
511     unless the probationer is exonerated at the hearing.
512          (iii) Any time served in confinement awaiting a hearing or decision concerning
513     revocation of probation constitutes service of time toward a term of incarceration imposed as a
514     result of the revocation of probation or a graduated sanction imposed under Section
515     63M-7-404.
516          (b) The running of the probation period is tolled upon the filing of a violation report
517     with the court alleging a violation of the terms and conditions of probation or upon the issuance
518     of an order to show cause or warrant by the court.
519          (12) (a) (i) Probation may be modified as is consistent with the supervision length
520     guidelines and the graduated sanctions and incentives developed by the Utah Sentencing
521     Commission under Section 63M-7-404.
522          (ii) The length of probation may not be extended, except upon waiver of a hearing by
523     the probationer or upon a hearing and a finding in court that the probationer has violated the
524     conditions of probation.
525          (iii) Probation may not be revoked except upon a hearing in court and a finding that the
526     conditions of probation have been violated.
527          (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to
528     constitute violation of the conditions of probation, the court that authorized probation shall
529     determine if the affidavit establishes probable cause to believe that revocation, modification, or
530     extension of probation is justified.
531          (ii) If the court determines there is probable cause, it shall cause to be served on the
532     defendant a warrant for the defendant's arrest or a copy of the affidavit and an order to show
533     cause why the defendant's probation should not be revoked, modified, or extended.
534          (c) (i) The order to show cause shall specify a time and place for the hearing and shall
535     be served upon the defendant at least five days prior to the hearing.
536          (ii) The defendant shall show good cause for a continuance.
537          (iii) The order to show cause shall inform the defendant of a right to be represented by
538     counsel at the hearing and to have counsel appointed if the defendant is indigent.
539          (iv) The order shall also inform the defendant of a right to present evidence.
540          (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
541          (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney
542     shall present evidence on the allegations.
543          (iii) If the affidavidit alleges that a criminal judgment accounts receivable is
544     delinquent, the prosecuting attorney shall present evidence to establish by a preponderance of
545     the evidence that the defendant:
546          (A) was aware of the obligation to pay the accounts receivable balance;
547          (B) had the capacity to pay the accounts receivable balance; and
548          (C) failed to make a good faith effort to pay the accounts receivable balance.
549          [(iii)] (iv) The persons who have given adverse information on which the allegations
550     are based shall be presented as witnesses subject to questioning by the defendant unless the
551     court for good cause otherwise orders.
552          [(iv)] (v) The defendant may call witnesses, appear and speak in the defendant's own
553     behalf, and present evidence.
554          (e) (i) After the hearing the court shall make findings of fact.
555          (ii) Upon a finding that the defendant violated the conditions of probation, the court
556     may order the probation revoked, modified, continued, or reinstated for all or a portion of the
557     original term of probation.
558          (iii) (A) Except as provided in Subsection (10)(a)(ii), the court may not require a
559     defendant to remain on probation for a period of time that exceeds the length of the defendant's
560     maximum sentence.
561          (B) Except as provided in Subsection (10)(a)(ii), if a defendant's probation is revoked
562     and later reinstated, the total time of all periods of probation the defendant serves, relating to
563     the same sentence, may not exceed the defendant's maximum sentence.
564          (iv) If a period of incarceration is imposed for a violation, the defendant shall be
565     sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
566     Subsection 63M-7-404(4), unless the judge determines that:
567          (A) the defendant needs substance abuse or mental health treatment, as determined by a
568     validated risk and needs screening and assessment, that warrants treatment services that are
569     immediately available in the community; or
570          (B) the sentence previously imposed shall be executed.
571          (v) If the defendant had, prior to the imposition of a term of incarceration or the
572     execution of the previously imposed sentence under this Subsection (12), served time in jail as
573     a condition of probation or due to a violation of probation under Subsection (12)(e)(iv), the
574     time the probationer served in jail constitutes service of time toward the sentence previously
575     imposed.
576          (13) The court may order the defendant to commit the defendant to the custody of the
577     Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as a
578     condition of probation or stay of sentence, only after the superintendent of the Utah State
579     Hospital or the superintendent's designee has certified to the court that:
580          (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
581          (b) treatment space at the hospital is available for the defendant; and
582          (c) individuals described in Subsection 62A-15-610(2)(g) are receiving priority for
583     treatment over the defendants described in this Subsection (13).
584          (14) Presentence investigation reports are classified protected in accordance with Title
585     63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
586     63G-2-403 and 63G-2-404, the State Records Committee may not order the disclosure of a
587     presentence investigation report. Except for disclosure at the time of sentencing pursuant to
588     this section, the department may disclose the presentence investigation only when:
589          (a) ordered by the court pursuant to Subsection 63G-2-202(7);
590          (b) requested by a law enforcement agency or other agency approved by the department
591     for purposes of supervision, confinement, and treatment of the offender;
592          (c) requested by the Board of Pardons and Parole;
593          (d) requested by the subject of the presentence investigation report or the subject's
594     authorized representative; or
595          (e) requested by the victim of the crime discussed in the presentence investigation
596     report or the victim's authorized representative, provided that the disclosure to the victim shall
597     include only information relating to statements or materials provided by the victim, to the
598     circumstances of the crime including statements by the defendant, or to the impact of the crime
599     on the victim or the victim's household.
600          (15) (a) The court shall consider home confinement as a condition of probation under
601     the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
602          (b) The department shall establish procedures and standards for home confinement,
603     including electronic monitoring, for all individuals referred to the department in accordance
604     with Subsection (16).
605          (16) (a) If the court places the defendant on probation under this section, it may order
606     the defendant to participate in home confinement through the use of electronic monitoring as
607     described in this section until further order of the court.
608          (b) The electronic monitoring shall alert the department and the appropriate law
609     enforcement unit of the defendant's whereabouts.
610          (c) The electronic monitoring device shall be used under conditions which require:
611          (i) the defendant to wear an electronic monitoring device at all times; and
612          (ii) that a device be placed in the home of the defendant, so that the defendant's
613     compliance with the court's order may be monitored.
614          (d) If a court orders a defendant to participate in home confinement through electronic
615     monitoring as a condition of probation under this section, it shall:
616          (i) place the defendant on probation under the supervision of the Department of
617     Corrections;
618          (ii) order the department to place an electronic monitoring device on the defendant and
619     install electronic monitoring equipment in the residence of the defendant; and
620          (iii) order the defendant to pay the costs associated with home confinement to the
621     department or the program provider.
622          (e) The department shall pay the costs of home confinement through electronic
623     monitoring only for an individual who is determined to be indigent by the court.
624          (f) The department may provide the electronic monitoring described in this section
625     either directly or by contract with a private provider.
626          Section 5. Section 77-18-6 is amended to read:
627          77-18-6. Judgment to pay fine or restitution constitutes a lien.
628          (1) (a) In cases not supervised by the Department of Corrections, the clerk of the
629     district court [shall:(i)] may transfer the responsibility to collect past due accounts receivable to
630     the Office of State Debt Collection when the accounts receivable are 90 days or more past
631     due[;].
632          [(ii) before transferring]
633          (b) Before the court clerk transfers the responsibility to collect the past due account
634     receivable to the Office of State Debt Collection, the court shall record each judgment of
635     conviction of a crime that orders the payment of a fine, forfeiture, surcharge, cost permitted by
636     statute, or fee in the registry of civil judgments, listing the Office of State Debt Collection as
637     the judgment creditor[; and].
638          [(iii) receive notification from the]
639          (c) The Office of State Debt Collection shall notify the court when a civil judgment
640     ordered for payment of accounts receivable in Section 77-32a-102 or 77-32a-103 has been
641     satisfied.
642          (d) The court shall provide notice to the Office of State Debt Collection of all court
643     hearings relating to the accounts receivable that occur after the court clerk transfers the
644     responsibility to collect the past due accounts receivable under Subsection (1)(a).
645          [(b)] (e) (i) The clerk of court shall record each judgment of conviction that orders the
646     payment of restitution to a victim in the registry of civil judgments, listing the victim, or the
647     estate of the victim, as the judgment creditor.
648          (ii) [The] If the Board of Pardons and Parole orders restitution that is not sent to the
649     Office of State Debt Collection, the Department of Corrections shall collect the judgment on
650     behalf of the victim as provided in Subsection 77-18-1(9).
651          (iii) The court shall collect the judgment on behalf of the victim when a defendant is
652     granted probation or during the term of a plea in abeyance agreement as provided in Subsection
653     78A-2-214(2).
654          (iv) The victim may collect the judgment.
655          (2) When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registry
656     of civil judgments, the judgment:
657          (a) constitutes a lien;
658          (b) has the same effect and is subject to the same rules as a judgment for money in a
659     civil action; and
660          (c) may be collected by any means authorized by law for the collection of a civil
661     judgment.
662          Section 6. Section 77-27-6 is amended to read:
663          77-27-6. Payment of restitution.
664          (1) When a person is committed to prison, the board may:
665          (a) determine and order restitution for pecuniary damages, in accordance with Chapter
666     38a, Crime Victims Restitution Act, that were not determined by the court or that accrue after
667     sentencing, unless the board, applying the criteria under Section 77-38a-302, determines that
668     restitution is inappropriate;
669          (b) refer any court or board ordered restitution to the sentencing court to be entered on
670     the court's judgment docket for civil collection remedies; and
671          (c) impose, as a condition of parole:
672          (i) any court order for restitution; or
673          (ii) any restitution determined and ordered under this Subsection (1) that is not referred
674     to the sentencing court for civil collection remedies.
675          [(1) When the Board of Pardons and Parole]
676          (2) (a) If the board orders the release on parole of an [inmate] offender who has been
677     sentenced by a court or the board to [make] pay restitution [pursuant to Title 77, Chapter 38a,
678     Crime Victims Restitution Act, or whom the board has ordered to make restitution], and all or
679     a portion of restitution is still owing, the board may establish a schedule[, including both
680     complete and court-ordered restitution, by which] for the payment of the restitution [shall be
681     made, or order compensatory or other service in lieu of or in combination with restitution. In
682     fixing the schedule and supervising the paroled].
683          (b) In setting a payment schedule under Subsection (2)(a) and evaluating the offender's
684     performance, the board may consider the factors specified in Section 77-38a-302.
685          [(2) (a) The board may impose any court order for restitution.]
686          [(b) In accordance with Subsection 77-38a-302(5)(d)(iii)(A), the board may order that a
687     defendant make restitution for pecuniary damages that were not determined by the court, unless
688     the board applying the criteria as set forth in Section 77-38a-302 determines that restitution is
689     inappropriate.]
690          [(c)] (3) (a) Except as provided in Subsection [(2)(d)] (3)(b), the board shall make all
691     orders of restitution [within 60 days after the] before termination or expiration of the
692     [defendant's] offender's sentence.
693          [(d)] (b) If, upon termination or expiration of [a defendant's] an offender's sentence, the
694     board has continuing jurisdiction over the [defendant] offender for a separate criminal offense,
695     the board may defer making an order of restitution until termination or expiration of all
696     sentences for that [defendant] offender.
697          [(3)] (4) The board may also make orders of restitution for recovery of any or all costs
698     incurred by the Department of Corrections or the state or any other agency arising out of the
699     [defendant's] offender's needs or conduct.
700          [(4) If the defendant, upon termination or expiration of the sentence owes outstanding
701     fines, restitution, or other assessed costs, or if the board makes an order of restitution within 60
702     days after the termination or expiration of the defendant's sentence, the matter shall be referred
703     to the district court for civil collection remedies. The Board of Pardons and Parole shall
704     forward a restitution order to the sentencing court to be entered on the judgment docket. The
705     entry shall constitute a lien and is subject to the same rules as a judgment for money in a civil
706     judgment.]
707          (5) The board shall allow a full hearing to an offender who objects to the amount of
708     restitution that the board orders that was not previously ordered by the court.
709          (6) (a) The board shall refer to the district court, for collection remedies in accordance
710     with Subsection 77-27-5(5), all outstanding fines, restitution, or other assessed costs owed by
711     an offender upon termination or expiration of the offender's sentence.
712          (b) Except as provided in Subsection (6)(c), the board shall forward a restitution order
713     to the sentencing court no later than 60 days after termination or expiration of the sentence, to
714     be entered on the judgment docket.
715          (c) (i) The board may retain limited jurisdiction for up to 90 days after the offender's
716     sentence terminates or expires for the sole purpose of holding a restitution hearing and entering
717     an order regarding restitution if, before the offender's sentence terminates or expires:
718          (A) the offender objects to the board's restitution order; and
719          (B) the board is unable to hold a restitution hearing.
720          (ii) If, following a restitution hearing, the board determines that the offender owes
721     restitution, the board shall, within 60 days after the restitution hearing:
722          (A) enter an order determining the restitution; and
723          (B) forward the restitution order to the sentencing court for entry on the court's
724     judgment docket.
725          (7) The entry of a restitution order under this section on the court's judgment docket
726     constitutes a judgment lien and has the same effect as a judgment for money in a civil
727     judgment.
728          Section 7. Section 77-32a-103 is amended to read:
729          77-32a-103. Past due accounts or payments -- Authority to send to Office of State
730     Debt Collection independent of probation status -- Expiration.
731          [(1) If a criminal judgment account receivable retained by the court becomes more than
732     30 days past due, the court may, without a motion or a hearing, record the unpaid balance of the
733     account receivable as a civil judgment and transfer the responsibility for collecting the
734     judgment to the Office of State Debt Collection.]
735          [(2)] (1) If a criminal judgment account receivable retained by the court is more than
736     90 days past due, the district court [shall] may, without a motion or hearing, record the unpaid
737     balance of the criminal judgment account receivable as a civil judgment and transfer the
738     responsibility for collecting the criminal judgment account receivable to the Office of State
739     Debt Collection.
740          [(3)] (2) (a) Criminal judgment accounts receivable are not subject to civil statutes of
741     limitations and expire only upon payment in full.
742          (b) This Subsection [(3)] (2) applies to all criminal judgment accounts receivable not
743     paid in full on or before May 12, 2017.
744          Section 8. Section 77-32a-104 is amended to read:
745          77-32a-104. Delinquency and default as violation of probation.
746          (1) If a criminal judgment accounts receivable becomes delinquent, or any installment
747     due[,] becomes delinquent, the court, upon motion of the prosecutor, a judgment creditor, or
748     upon the court's own motion, may order the defendant to appear and show cause why the
749     [delinquency should not be treated as contempt of court as provided in Section 78B-6-317]
750     defendant's probation should not be modified, revoked, or extended as provided in Section
751     77-18-1.
752          (2) After the hearing, if it appears to the satisfaction of the court that the delinquency is
753     not [contempt] a violation of the conditions of probation, the court may enter an order for any
754     of the following or any combination of the following:
755          (a) require the defendant to pay the criminal judgment account receivable or a specified
756     part of the criminal judgment account receivable by a date certain;
757          (b) restructure the payment schedule;
758          (c) restructure the installment amount;
759          (d) except as limited by Subsection (4) or (5), satisfy the criminal judgment account
760     receivable or any part of the criminal judgment account receivable with proof of compensatory
761     service at a rate of credit at not less than $10 for each hour of compensatory service;
762          (e) except as limited by Subsection (4), reduce or revoke the unpaid amount of the
763     criminal judgment account receivable; or
764          (f) record the unpaid balance of the criminal judgment account receivable as a civil
765     judgment and transfer the responsibility for collecting the judgment to the Office of State Debt
766     Collection.
767          (3) The court may add postjudgment interest to the total accounts receivable if not
768     previously ordered or included.
769          (4) If the court determines that the delinquency does constitute [contempt] a violation
770     of the conditions of probation, the court shall address the [contempt] violation as provided in
771     Section [78B-6-310] 77-18-1.
772          (5) (a) In issuing an order under this section, the court may not modify the amount of
773     the judgment of complete restitution.
774          (b) Before restructuring the amount or payment schedule of court-ordered restitution,
775     the court shall give victims notice and an opportunity to be heard.
776          (6) If the defendant is a corporation or unincorporated association, any contempt
777     proceeding authorized by this section shall cite the person authorized to make disbursement
778     from the assets of the corporation or association.
779          Section 9. Section 77-38a-201 is amended to read:
780          77-38a-201. Restitution determination -- Law enforcement duties and
781     responsibilities.
782          [Any] A law enforcement agency [conducting an investigation for] investigating
783     criminal conduct [which would constitute a felony or class A misdemeanor] shall [provide]
784     include in the investigative reports all information about restitution for any potential victims,
785     including information about whether a claim for restitution [exists] may exist, the basis for the
786     claim, and the estimated or actual amount of the claim.
787          Section 10. Section 77-38a-202 is amended to read:
788          77-38a-202. Restitution determination -- Prosecution duties and responsibilities.
789          [(1) At the time of entry of a conviction or entry of any plea disposition of a felony or
790     class A misdemeanor, the attorney general, county attorney, municipal attorney, or district
791     attorney shall provide to the district court:]
792          [(a) the names of all victims, including third parties, asserting claims for restitution;]
793          [(b) the actual or estimated amount of restitution determined at that time; and]
794          [(c) whether or not the defendant has agreed to pay the restitution specified as part of
795     the plea disposition.]
796          [(2) In computing actual or estimated restitution, the attorney general, county attorney,
797     municipal attorney, or district attorney shall:]
798          [(a) use the criteria set forth in Section 77-38a-302 for establishing restitution amounts;
799     and]
800          [(b) in cases involving multiple victims, incorporate into any conviction or plea
801     disposition all claims for restitution arising out of the investigation for which the defendant is
802     charged.]
803          [(3) If charges are not to be prosecuted as part of a plea disposition, restitution claims
804     from victims of those crimes shall also be provided to the court.]
805          (1) In connection with the filing of criminal charges against a defendant, the
806     prosecuting attorney shall contact any known victim to gather restitution information.
807          (2) When a conviction, diversion, or plea in abeyance is entered on the record, the
808     prosecuting attorney shall provide the court complete restitution information relating to the
809     case, including:
810          (a) the name of a victim, including a third party asserting a claim for restitution; and
811          (b) the actual or estimated amount of restitution.
812          [(4)] (3) (a) The [attorney general, county attorney, municipal attorney, or district]
813     prosecuting attorney may be authorized by the appropriate public treasurer to deposit restitution
814     collected on behalf of crime victims into an interest bearing account in accordance with Title
815     51, Chapter 7, State Money Management Act, pending distribution of the funds.
816          (b) [In the event] If restitution funds are deposited in an interest bearing account as
817     provided under Subsection [(4)] (3)(a), the [attorney general, county attorney, municipal
818     attorney, or district] prosecuting attorney shall:
819          (i) distribute any interest that accrues in the account to each crime victim on a pro rata
820     basis; and
821          (ii) if all crime victims have been made whole and funds remain, distribute any
822     remaining funds to the state Division of Finance for deposit to the Utah Office for Victims of
823     Crime.
824          (c) This section does not prevent an independent judicial authority from collecting,
825     holding, and distributing restitution.
826          Section 11. Section 77-38a-203 is repealed and reenacted to read:
827          77-38a-203. Restitution information in presentence investigation report.
828          (1) In connection with the preparation of the presentence investigation report under
829     Section 77-18-1, the department shall obtain restitution information from:
830          (a) the law enforcement agency and prosecuting attorney involved in the criminal
831     proceeding; and
832          (b) any victim of the crime.
833          (2) A victim seeking restitution shall provide the department:
834          (a) all invoices, bills, receipts, and other evidence of pecuniary damages;
835          (b) documentation of any compensation or reimbursement received from insurance or
836     any governmental entity as a direct result of the crime; and
837          (c) proof of identification, including the victim's date of birth, social security number,
838     driver license number, next of kin, home and work addresses, and telephone number.
839          (3) In a presentence report, the department shall:
840          (a) itemize any pecuniary loss suffered by a victim; and
841          (b) include a specific statement of the amount of restitution the department
842     recommends for each victim.
843          Section 12. Section 77-38a-204 is amended to read:
844          77-38a-204. Financial declaration by defendant.
845          (1) (a) The Judicial Council shall design and publish a financial declaration form to be
846     completed by a defendant in a case where the prosecutor has indicated that restitution may be
847     ordered.
848          (b) The financial declaration form shall:
849          (i) require a defendant to disclose all assets, income, and financial liabilities of the
850     defendant, including:
851          (A) real property;
852          (B) vehicles;
853          (C) precious metals or gems;
854          (D) jewelry with a value of $1,000 or more;
855          (E) other personal property with a value of $1,000 or more;
856          (F) bank account balances;
857          (G) cash;
858          (H) salary, wages, commission, tips, and business income;
859          (I) pensions and annuities;
860          (J) intellectual property;
861          (K) accounts receivable;
862          (L) accounts payable;
863          (M) mortgages, loans, and other debts; and
864          (N) restitution that has been ordered, and not fully paid, in other cases; and
865          (ii) state that a false statement made in the financial declaration form is punishable as a
866     class B misdemeanor under Section 76-8-504.
867          (2) [A] Upon entering into a plea disposition or, in the case of a trial resulting in a
868     conviction, before sentencing, a defendant shall[, before sentencing, or earlier if ordered by the
869     court,] complete the financial declaration described in Subsection (1).
870          Section 13. Section 77-38a-302 is amended to read:
871          77-38a-302. Restitution criteria.
872          (1) When a defendant enters into a plea disposition or is convicted of criminal activity
873     that has resulted in pecuniary damages, in addition to any other sentence or term of a plea in
874     abeyance it may impose, the court shall order that the defendant make restitution to victims of
875     crime as provided in this chapter, or for conduct for which the defendant has agreed to make
876     restitution as part of a plea disposition. For purposes of restitution, "victim" means the same as
877     that term is defined in Subsection 77-38a-102(14). In determining whether restitution is
878     appropriate, the court shall follow the criteria and procedures as provided in Subsections (2)
879     through (5).
880          (2) In determining restitution, the court shall determine complete restitution and
881     court-ordered restitution.
882          (a) "Complete restitution" means restitution necessary to compensate a victim for all
883     losses caused by the defendant.
884          (b) "Court-ordered restitution" means the restitution the court having criminal
885     jurisdiction orders the defendant to pay as a part of the criminal sentence.
886          (c) Complete restitution and court-ordered restitution shall be determined as provided
887     in Subsection (5).
888          (3) If the court determines that restitution is appropriate or inappropriate under this
889     part, the court shall make the reasons for the decision part of the court record.
890          (4) If the defendant objects to the imposition, amount, or distribution of the restitution,
891     the court shall allow the defendant a full hearing on the issue.
892          (5) (a) For the purpose of determining restitution for an offense, the offense shall
893     include any criminal conduct admitted by the defendant to the sentencing court or to which the
894     defendant agrees to pay restitution. A victim of an offense that involves as an element a
895     scheme, a conspiracy, or a pattern of criminal activity, includes any person directly harmed by
896     the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.
897          (b) In determining the monetary sum and other conditions for complete restitution, the
898     court shall consider all relevant facts, including:
899          (i) the cost of the damage or loss if the offense resulted in damage to or loss or
900     destruction of property of a victim of the offense;
901          (ii) the cost of necessary medical and related professional services and devices relating
902     to physical or mental health care, including nonmedical care and treatment rendered in
903     accordance with a method of healing recognized by the law of the place of treatment;
904          (iii) the cost of necessary physical and occupational therapy and rehabilitation;
905          (iv) the income lost by the victim as a result of the offense;
906          (v) the individual victim's reasonable determinable wages that are lost due to theft of or
907     damage to tools or equipment items of a trade that were owned by the victim and were essential
908     to the victim's current employment at the time of the offense; and
909          (vi) the cost of necessary funeral and related services if the offense resulted in the death
910     of a victim.
911          (c) In determining the monetary sum and other conditions for court-ordered restitution,
912     the court shall consider:
913          (i) the factors listed in Subsections (5)(a) and (b);
914          (ii) the financial resources of the defendant, as disclosed in the financial declaration
915     described in Section 77-38a-204;
916          (iii) the burden that payment of restitution will impose, with regard to the other
917     obligations of the defendant;
918          (iv) the ability of the defendant to pay restitution on an installment basis or on other
919     conditions to be fixed by the court;
920          (v) the rehabilitative effect on the defendant of the payment of restitution and the
921     method of payment; and
922          (vi) other circumstances that the court determines may make restitution inappropriate.
923          (d) (i) [The] At the time of the plea disposition or conviction, the prosecuting agency
924     shall submit to the court all requests for complete restitution [and court-ordered restitution to
925     the court at the time of sentencing if feasible, otherwise within one year after sentencing].
926          (ii) If, at the time of plea disposition or conviction, the prosecuting agency does not
927     have complete restitution information due to a victim's ongoing treatment, the prosecuting
928     agency shall, at the time of plea disposition or conviction, submit to the court all restitution
929     requests reasonably available at that time.
930          (iii) If, at the time of plea disposition or conviction, the prosecuting agency fails to
931     waive restitution or submit a request for complete restitution, the court shall promptly schedule
932     a full hearing on the issue of restitution.
933          [(ii)] (iv) If a defendant is placed on probation pursuant to Section 77-18-1 or granted
934     another disposition alternative to a prison commitment:
935          (A) the court shall determine complete restitution and court-ordered restitution; and
936          (B) the time period for determination of complete restitution and court-ordered
937     restitution may be extended by the court upon a finding of good cause, but may not exceed the
938     period of the probation term served by the defendant.
939          [(iii)] (v) If the defendant is committed to prison:
940          (A) the court shall, before imposing sentence, determine complete restitution and
941     court-ordered restitution;
942          [(A)] (B) any pecuniary damages that have not been determined by the court [within
943     one year after sentencing] may be determined by the Board of Pardons and Parole; and
944          [(B)] (C) if, at the time of sentencing, the court failed to make a determination of
945     restitution, the Board of Pardons and Parole may, within one year after sentencing, refer an
946     order of judgment and commitment back to the court for determination of restitution.
947          (e) The Board of Pardons and Parole may hold a hearing to revise a determination of
948     complete restitution or court-ordered restitution if:
949          (i) the defendant is still serving a sentence, probation, or other disposition term related
950     to the case; and
951          (ii) (A) the prosecuting agency receives a new or updated restitution request that was
952     not reasonably available at the time of the original determination; or
953          (B) consideration of the factors used to determine court-ordered restitution under
954     Subsection (5)(c) would likely lead to a substantially different determination because of a
955     change in the defendant's circumstances.
956          Section 14. Repealer.
957          This bill repeals:
958          Section 78B-6-317, Willful failure to pay criminal judgment accounts receivable.