Senator Michael S. Kennedy proposes the following substitute bill:


1     
CRIMINAL JUSTICE MODIFICATIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to sentencing, probation, parole, and court-ordered
10     restitution, fines, fees, and other costs.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines and modifies terms;
14          ▸     modifies the duties of the Office of State Debt Collection in relation to processing
15     and collecting payments in criminal cases;
16          ▸     prohibits the Office of State Debt Collection from assessing interest on certain
17     accounts receivables;
18          ▸     amends provisions on interest, fees, and other amounts charged by the Office of
19     State Debt Collection;
20          ▸     authorizes the Office of State Debt Collection to make certain rules regarding a
21     payment for a civil judgment of restitution;
22          ▸     amends provisions regarding the State Debt Collection Fund;
23          ▸     provides that an administrative garnishment order for a civil accounts receivable or
24     a civil judgment of restitution is a continuation of a criminal action;
25          ▸     amends provisions regarding a restitution request from the Office for Victims of

26     Crime;
27          ▸     addresses the collection of an accounts receivable by the Department of Corrections;
28          ▸     amends provisions regarding accounts for offenders who are in the custody of the
29     Department of Corrections;
30          ▸     allows the Department of Corrections to establish a fine for a violation of
31     department rules and to require the offender to pay the fine;
32          ▸     amends the exceptions to a spendthrift provision of a trust to allow the Office of
33     State Debt Collection to obtain a court order for a distribution;
34          ▸     amends the orders that a court imposes at sentencing;
35          ▸     requires the court to order restitution, and to collect, receive, process, and distribute
36     payments for restitution, for a diversion agreement and a plea in abeyance
37     agreement;
38          ▸     requires a court to order restitution if a defendant does not successfully complete a
39     plea in abeyance agreement;
40          ▸     reorganizes and renumbers Title 77, Chapter 18, The Judgment;
41          ▸     amends provisions on presentence investigation reports;
42          ▸     amends provisions on the suspension of a sentence and the terms and conditions of
43     probation;
44          ▸     amends provisions regarding home confinement for a probationer;
45          ▸     amends provisions regarding the termination, revocation, modification, or extension
46     of probation;
47          ▸     amends provisions regarding standards for supervision and presentence
48     investigation reports;
49          ▸     requires a court to enter a civil accounts receivable and a civil judgment of
50     restitution upon the termination of a defendant's sentence if there is an unpaid
51     balance of the defendant's criminal accounts receivable;
52          ▸     requires the court to enter a civil accounts receivable and a civil judgment of
53     restitution if a defendant does not owe restitution and the defendant's criminal
54     accounts receivable is 90 days past due;
55          ▸     enacts provisions regarding civil accounts receivables and civil judgments of
56     restitution;

57          ▸     allows the sentencing court to retain jurisdiction over a defendant's case for certain
58     reasons;
59          ▸     repeals the authority of the Board of Pardons and Parole to enter an order for
60     restitution;
61          ▸     allows the Board of Pardons and Parole to remit a criminal accounts receivable and
62     modify a payment schedule for a criminal accounts receivable;
63          ▸     amends provisions on the conditions for parole;
64          ▸     provides that a defendant may be required to pay a criminal accounts receivable
65     during incarceration or parole supervision;
66          ▸     requires the Board of Pardons and Parole to refer an offender's case to the
67     sentencing court if an order for restitution or a criminal accounts receivable has not
68     been entered by the court within certain time periods;
69          ▸     requires the Board of Pardons and Parole to refer an offender's case to the
70     sentencing court for any challenges to the defendant's criminal accounts receivable;
71          ▸     provides certain notice requirements for a modification of a criminal accounts
72     receivable;
73          ▸     allows the Board of Pardons and Parole to enter an order to recover certain
74     damages;
75          ▸     amends provisions related to extradition costs for a defendant;
76          ▸     reorganizes and renumbers Title 77, Chapter 32a, Criminal Accounts Receivable
77     and Defense Costs;
78          ▸     enacts provisions relating to criminal accounts receivables;
79          ▸     modifies provisions regarding costs that a defendant may be ordered to pay;
80          ▸     allows for the remittance or modification of a criminal accounts receivable in
81     certain circumstances;
82          ▸     provides the requirements for remittance or modification of a criminal accounts
83     receivable, or modification of a payment schedule for a criminal accounts
84     receivable;
85          ▸     provides that certain victim information maintained by the Utah State Courts is
86     classified as protected;
87          ▸     provides that victim contact information and impact statement is available to the

88     Utah State Courts;
89          ▸     requires a victim to provide contact information to the court for restitution and
90     hearing purposes;
91          ▸     reorganizes and renumbers Title 77, Chapter 38a, Crime Victims Restitution Act;
92          ▸     enacts provisions relating to restitution information collected by a law enforcement
93     agency;
94          ▸     enacts provisions relating to a prosecuting attorney's responsibilities for gathering
95     restitution information and depositing restitution money;
96          ▸     enacts provisions on the Department of Correction's responsibilities in preparing the
97     presentence investigation report with restitution information;
98          ▸     requires a victim to submit certain information in a restitution claim;
99          ▸     addresses protecting a victim's identity, and a victim's family's identity, in
100     information submitted to the court for restitution purposes;
101          ▸     allows a defendant to view protected, safeguarded, or confidential information about
102     a victim or a victim's family in certain circumstances;
103          ▸     amends provisions related to a financial declaration by a defendant;
104          ▸     enacts provisions relating to an order for restitution;
105          ▸     enacts provisions related to the enforceability, nature, effect, and satisfaction of a
106     civil judgment of restitution and a civil accounts receivable;
107          ▸     addresses interest on a civil judgment of restitution and civil accounts receivable;
108          ▸     addresses the default or delinquency of a civil accounts receivable and a civil
109     judgment of restitution;
110          ▸     provides that a civil judgment of restitution and a civil accounts receivable may not
111     be discharged in bankruptcy;
112          ▸     addresses a civil action for restitution by a victim;
113          ▸     addresses the priority of payments for a restitution, a criminal accounts receivable, a
114     civil judgment of restitution, and a civil accounts receivable;
115          ▸     amends provisions regarding the enforcement and collection of restitution;
116          ▸     addresses contempt of court for delinquency or default of a civil accounts receivable
117     or a civil judgment of restitution;
118          ▸     repeals statutes relating to restitution, probation, and criminal accounts receivables;

119     and
120          ▸     makes technical and conforming changes.
121     Money Appropriated in this Bill:
122          None
123     Other Special Clauses:
124          This bill provides a special effective date.
125          This bill provides coordination clauses.
126     Utah Code Sections Affected:
127     AMENDS:
128          17-50-319, as last amended by Laws of Utah 2016, Chapter 243
129          32B-4-305, as enacted by Laws of Utah 2010, Chapter 276
130          58-50-2, as last amended by Laws of Utah 2006, Chapter 196
131          58-50-9, as last amended by Laws of Utah 1995, Chapters 20 and 352
132          58-50-10, as last amended by Laws of Utah 1995, Chapters 20 and 352
133          59-10-529, as last amended by Laws of Utah 2017, Chapter 270
134          62A-15-625, as last amended by Laws of Utah 2018, Chapter 322
135          63A-3-501, as last amended by Laws of Utah 2016, Chapters 129 and 298
136          63A-3-502, as last amended by Laws of Utah 2017, Chapters 56 and 304
137          63A-3-504, as renumbered and amended by Laws of Utah 2011, Chapter 79
138          63A-3-505, as last amended by Laws of Utah 2016, Chapter 192
139          63A-3-507, as last amended by Laws of Utah 2019, Chapter 269
140          63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
141     303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
142     of Utah 2020, Chapter 360
143          63M-7-303, as last amended by Laws of Utah 2018, Chapter 414
144          63M-7-305, as last amended by Laws of Utah 2016, Chapters 158 and 191
145          63M-7-502, as last amended by Laws of Utah 2020, Chapters 149 and 230
146          63M-7-503, as last amended by Laws of Utah 2020, Chapter 149
147          63M-7-513, as last amended by Laws of Utah 2020, Chapter 149
148          64-13-1, as last amended by Laws of Utah 2016, Chapter 243
149          64-13-6, as last amended by Laws of Utah 2018, Chapter 200

150          64-13-21, as last amended by Laws of Utah 2019, Chapter 27
151          64-13-23, as last amended by Laws of Utah 2002, Chapter 140
152          64-13-33, as last amended by Laws of Utah 2009, Chapter 258
153          64-13e-102, as last amended by Laws of Utah 2020, Chapters 354 and 410
154          75-7-503, as last amended by Laws of Utah 2018, Chapter 116
155          76-2-404, as last amended by Laws of Utah 2015, Chapter 47
156          76-3-208, as last amended by Laws of Utah 2019, Chapter 222
157          76-3-301.5, as enacted by Laws of Utah 1988, Chapter 152
158          76-3-406, as last amended by Laws of Utah 2020, Chapter 214
159          76-6-107.1, as renumbered and amended by Laws of Utah 2008, Chapter 3
160          76-6-111, as last amended by Laws of Utah 2017, Chapter 345
161          76-6-206.2, as last amended by Laws of Utah 2009, Chapter 344
162          76-6-206.3, as enacted by Laws of Utah 2009, Chapter 270
163          76-6-1102, as last amended by Laws of Utah 2015, Chapter 258
164          76-6-1105, as last amended by Laws of Utah 2018, Chapter 221
165          76-10-1204, as last amended by Laws of Utah 2009, Chapter 345
166          76-10-1205, as last amended by Laws of Utah 2007, Chapter 337
167          76-10-1206, as last amended by Laws of Utah 2019, Chapters 189 and 382
168          76-10-1214, as last amended by Laws of Utah 1990, Chapter 163
169          76-10-1228, as last amended by Laws of Utah 2007, Chapter 123
170          77-1-3, as last amended by Laws of Utah 2015, Chapter 412
171          77-2-2, as enacted by Laws of Utah 1980, Chapter 15
172          77-2-5, as enacted by Laws of Utah 1980, Chapter 15
173          77-2a-1, as enacted by Laws of Utah 1993, Chapter 82
174          77-2a-3, as last amended by Laws of Utah 2008, Chapters 3, 339, and 382
175          77-7-5, as last amended by Laws of Utah 2019, Chapter 406
176          77-7-21, as last amended by Laws of Utah 2020, Chapter 185
177          77-19-10, as last amended by Laws of Utah 2015, Chapter 47
178          77-20-4, as last amended by Laws of Utah 2020, Chapter 185
179          77-20b-101, as last amended by Laws of Utah 2020, Chapter 185
180          77-27-1, as last amended by Laws of Utah 2015, Chapter 412

181          77-27-2, as last amended by Laws of Utah 2020, Chapters 352 and 373
182          77-27-5, as last amended by Laws of Utah 2019, Chapter 148
183          77-27-11, as last amended by Laws of Utah 2018, Chapter 334
184          77-30-24, as last amended by Laws of Utah 1987, Chapter 107
185          77-37-3, as last amended by Laws of Utah 2014, Chapter 232
186          77-37-5, as last amended by Laws of Utah 2011, Chapter 131
187          77-38-3, as last amended by Laws of Utah 2016, Chapter 223
188          77-38-15, as last amended by Laws of Utah 2019, Chapter 26
189          77-40-102, as last amended by Laws of Utah 2020, Chapter 354
190          77-40-105, as last amended by Laws of Utah 2020, Chapters 177 and 218
191          78A-2-214, as last amended by Laws of Utah 2011, Chapter 79
192          78A-2-231, as last amended by Laws of Utah 2020, Chapter 12
193          78B-2-115, as last amended by Laws of Utah 2017, Chapter 304
194          78B-5-502, as renumbered and amended by Laws of Utah 2008, Chapter 3
195          78B-5-505, as last amended by Laws of Utah 2020, Chapter 425
196          78B-6-317, as enacted by Laws of Utah 2017, Chapter 304
197          78B-7-804, as enacted by Laws of Utah 2020, Chapter 142
198     ENACTS:
199          77-18-101, Utah Code Annotated 1953
200          77-18-102, Utah Code Annotated 1953
201          77-18-103, Utah Code Annotated 1953
202          77-18-105, Utah Code Annotated 1953
203          77-18-106, Utah Code Annotated 1953
204          77-18-107, Utah Code Annotated 1953
205          77-18-108, Utah Code Annotated 1953
206          77-18-109, Utah Code Annotated 1953
207          77-18-114, Utah Code Annotated 1953
208          77-18-118, Utah Code Annotated 1953
209          77-27-6.1, Utah Code Annotated 1953
210          77-32b-101, Utah Code Annotated 1953
211          77-32b-103, Utah Code Annotated 1953

212          77-32b-105, Utah Code Annotated 1953
213          77-32b-106, Utah Code Annotated 1953
214          77-38b-201, Utah Code Annotated 1953
215          77-38b-202, Utah Code Annotated 1953
216          77-38b-203, Utah Code Annotated 1953
217          77-38b-205, Utah Code Annotated 1953
218          77-38b-301, Utah Code Annotated 1953
219          77-38b-302, Utah Code Annotated 1953
220          77-38b-303, Utah Code Annotated 1953
221     REPEALS AND REENACTS:
222          76-3-201, as last amended by Laws of Utah 2017, Chapter 304
223     RENUMBERS AND AMENDS:
224          77-2-2.1, (Renumbered from 77-2-1, as enacted by Laws of Utah 1980, Chapter 15)
225          77-2-2.2, (Renumbered from 77-2-1.1, as enacted by Laws of Utah 1992, Chapter 33)
226          77-2-2.3, (Renumbered from 77-2-1.2, as enacted by Laws of Utah 2020, Chapter 151)
227          77-18-104, (Renumbered from 77-18-1.1, as last amended by Laws of Utah 2016,
228     Chapter 158)
229          77-18-110, (Renumbered from 77-18-3, as last amended by Laws of Utah 2008,
230     Chapter 3)
231          77-18-111, (Renumbered from 77-18-4, as last amended by Laws of Utah 1994,
232     Chapter 13)
233          77-18-112, (Renumbered from 77-18-5, as last amended by Laws of Utah 1994,
234     Chapter 13)
235          77-18-113, (Renumbered from 77-18-5.5, as last amended by Laws of Utah 2015,
236     Chapter 47)
237          77-18-115, (Renumbered from 77-18-6.5, as enacted by Laws of Utah 1997, Chapter
238     223)
239          77-18-116, (Renumbered from 77-18-7, as enacted by Laws of Utah 1980, Chapter 15)
240          77-18-117, (Renumbered from 77-18-8, as enacted by Laws of Utah 1980, Chapter 15)
241          77-32b-102, (Renumbered from 77-32a-101, as enacted by Laws of Utah 2017, Chapter
242     304)

243          77-32b-104, (Renumbered from 77-32a-107, as renumbered and amended by Laws of
244     Utah 2017, Chapter 304)
245          77-32b-107, (Renumbered from 77-32a-110, as renumbered and amended by Laws of
246     Utah 2017, Chapter 304)
247          77-38b-101, (Renumbered from 77-38a-101, as enacted by Laws of Utah 2001, Chapter
248     137)
249          77-38b-102, (Renumbered from 77-38a-102, as last amended by Laws of Utah 2020,
250     Chapter 214)
251          77-38b-204, (Renumbered from 77-38a-204, as enacted by Laws of Utah 2013, Chapter
252     74)
253          77-38b-304, (Renumbered from 77-38a-404, as last amended by Laws of Utah 2020,
254     Chapter 214)
255          77-38b-401, (Renumbered from 77-38a-502, as enacted by Laws of Utah 2001, Chapter
256     137)
257          77-38b-402, (Renumbered from 77-38a-601, as last amended by Laws of Utah 2009,
258     Chapter 265)
259     REPEALS:
260          76-6-412.5, as last amended by Laws of Utah 2013, Chapter 187
261          77-18-1, as last amended by Laws of Utah 2020, Chapters 209, 299, and 354
262          77-18-6, as last amended by Laws of Utah 2017, Chapter 304
263          77-27-6, as last amended by Laws of Utah 2016, Chapter 223
264          77-32a-102, as last amended by Laws of Utah 2018, Chapters 136 and 281
265          77-32a-103, as enacted by Laws of Utah 2017, Chapter 304
266          77-32a-104, as enacted by Laws of Utah 2017, Chapter 304
267          77-32a-105, as enacted by Laws of Utah 2017, Chapter 304
268          77-32a-106, as enacted by Laws of Utah 2017, Chapter 304
269          77-32a-108, as renumbered and amended by Laws of Utah 2017, Chapter 304
270          77-32a-109, as renumbered and amended by Laws of Utah 2017, Chapter 304
271          77-38a-201, as enacted by Laws of Utah 2001, Chapter 137
272          77-38a-202, as last amended by Laws of Utah 2011, Chapter 131
273          77-38a-203, as last amended by Laws of Utah 2013, Chapter 74

274          77-38a-301, as last amended by Laws of Utah 2017, Chapter 304
275          77-38a-302, as last amended by Laws of Utah 2020, Chapter 214
276          77-38a-401, as last amended by Laws of Utah 2018, Chapter 281
277          77-38a-402, as enacted by Laws of Utah 2001, Chapter 137
278          77-38a-403, as enacted by Laws of Utah 2001, Chapter 137
279          77-38a-501, as last amended by Laws of Utah 2017, Chapter 304
280     Utah Code Sections Affected by Coordination Clause:
281          76-9-101, as last amended by Laws of Utah 1997, Chapter 289
282          77-18-108, Utah Code Annotated 1953
283          77-27-5, as last amended by Laws of Utah 2019, Chapter 148
284     

285     Be it enacted by the Legislature of the state of Utah:
286          Section 1. Section 17-50-319 is amended to read:
287          17-50-319. County charges enumerated.
288          (1) County charges are:
289          (a) [those] charges incurred against the county by any law;
290          (b) the necessary expenses of the county attorney or district attorney incurred in
291     criminal cases arising in the county, and all other expenses necessarily incurred by the county
292     or district attorney in the prosecution of criminal cases, except jury and witness fees;
293          (c) the expenses of medical care as described in Section 17-22-8, and other expenses
294     necessarily incurred in the support of persons charged with or convicted of a criminal offense
295     and committed to the county jail, except as provided in Subsection (2);
296          (d) for a county not within the state district court administrative system, the sum
297     required by law to be paid jurors in civil cases;
298          (e) all charges and accounts for services rendered by any justice court judge for
299     services in the trial and examination of persons charged with a criminal offense not otherwise
300     provided for by law;
301          (f) the contingent expenses necessarily incurred for the use and benefit of the county;
302          (g) every other sum directed by law to be raised for any county purposes under the
303     direction of the county legislative body or declared a county charge;
304          (h) the fees of constables for services rendered in criminal cases;

305          (i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
306     cases arising in the county, and all other expenses necessarily incurred by the sheriff and
307     deputies in performing the duties imposed upon them by law;
308          (j) the sums required by law to be paid by the county to jurors and witnesses serving at
309     inquests and in criminal cases in justice courts; and
310          (k) subject to Subsection (2), expenses incurred by a health care facility or provider in
311     providing medical services, treatment, hospitalization, or related transportation, at the request
312     of a county sheriff for:
313          (i) persons booked into a county jail on a charge of a criminal offense; or
314          (ii) persons convicted of a criminal offense and committed to a county jail.
315          (2) (a) Expenses described in Subsections (1)(c) and (1)(k) are a charge to the county
316     only to the extent that they exceed any private insurance in effect that covers [those expenses]
317     the expenses described in Subsections (1)(c) and (1)(k).
318          (b) The county may collect costs of medical care, treatment, hospitalization, and related
319     transportation provided to the person described in Subsection (1)(k) who has the resources or
320     the ability to pay, subject to the following priorities for payment:
321          (i) first priority shall be given to restitution; and
322          (ii) second priority shall be given to family support obligations.
323          (c) A county may seek reimbursement from a person described in Subsection (1)(k) for
324     expenses incurred by the county in behalf of the inmate for medical care, treatment,
325     hospitalization, or related transportation by:
326          (i) deducting the cost from the inmate's cash account on deposit with the detention
327     facility during the inmate's incarceration or during a subsequent incarceration if the subsequent
328     incarceration occurs within the same county and the incarceration is within 10 years of the date
329     of the expense in behalf of the inmate;
330          (ii) placing a lien for the amount of the expense against the inmate's personal property
331     held by the jail; and
332          (iii) adding the amount of expenses incurred to any other amount owed by the inmate
333     to the jail upon the inmate's release[, as allowed under Subsection 76-3-201(6)(a).] in
334     accordance with Subsection 76-3-201(4)(d).
335          (d) An inmate who receives medical care, treatment, hospitalization, or related

336     transportation shall cooperate with the jail facility seeking payment or reimbursement under
337     this section for the inmate's expenses.
338          (e) If there is no contract between a county jail and a health care facility or provider
339     that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k)
340     shall be commensurate with:
341          (i) for a health care facility, the current noncapitated state Medicaid rates; and
342          (ii) for a health care provider, 65% of the amount that would be paid to the health care
343     provider:
344          (A) under the Public Employees' Benefit and Insurance Program, created in Section
345     49-20-103; and
346          (B) if the person receiving the medical service were a covered employee under the
347     Public Employees' Benefit and Insurance Program.
348          (f) Subsection (1)(k) does not apply to expenses of a person held at the jail at the
349     request of an agency of the United States.
350          (g) A county that receives information from the Public Employees' Benefit and
351     Insurance Program to enable the county to calculate the amount to be paid to a health care
352     provider under Subsection (2)(e)(ii) shall keep that information confidential.
353          Section 2. Section 32B-4-305 is amended to read:
354          32B-4-305. Additional criminal penalties.
355          (1) (a) [For purposes of this section] As used in this section, "business entity" means a
356     corporation, partnership, association, limited liability company, or similar entity.
357          (b) In addition to the penalties provided in Title 76, Chapter 3, Punishments, this
358     section applies.
359          (2) Upon a defendant's conviction of an offense defined in this title, the court may
360     order the defendant to [make restitution or pay costs in accordance with Title 77, Chapter 32a,
361     Criminal Accounts Receivable and Defense Costs.] pay restitution or costs in accordance with
362     Subsection 76-3-201(4).
363          (3) (a) Upon a business entity's conviction of an offense defined in this title, and a
364     failure of the business entity to pay a fine imposed upon it:
365          (i) if it is a domestic business entity, the powers, rights, and privileges of the business
366     entity may be suspended or revoked; and

367          (ii) if it is a foreign business entity, it forfeits its right to do intrastate business in this
368     state.
369          (b) The department shall transmit the name of a business entity described in Subsection
370     (3)(a) to the Division of Corporations and Commercial Code. Upon receipt of the information,
371     the Division of Corporations and Commercial Code shall immediately record the action in a
372     manner that makes the information available to the public.
373          (c) A suspension, revocation, or forfeiture under this Subsection (3) is effective from
374     the day on which the Division of Corporations and Commercial Code records the information.
375          (d) A certificate of the Division of Corporations and Commercial Code is prima facie
376     evidence of a suspension, revocation, or forfeiture.
377          (e) This section may not be construed as affecting, limiting, or restricting a proceeding
378     that otherwise may be taken for the imposition of any other punishment or the modes of
379     enforcement or recovery of fines or penalties.
380          (4) (a) Upon the conviction of a business entity required to have a business license to
381     operate its business activities, or upon the conviction of any of its staff of any offense defined
382     in this title, with the knowledge, consent, or acquiescence of the business entity, the department
383     shall forward a copy of the judgment of conviction to the appropriate governmental entity
384     responsible for issuing and revoking the business license.
385          (b) A governmental entity that receives a copy of a judgment under this Subsection (4)
386     may institute appropriate proceedings to revoke the business license.
387          (c) Upon revocation under this Subsection (4), a governmental entity may not issue a
388     business license to the business entity for at least one year from the date of revocation.
389          (d) Upon the conviction for a second or other offense, the governmental entity may not
390     issue a business license for at least two years from the date of revocation.
391          (5) (a) Upon conviction of one of the following of an offense defined in this title, the
392     department shall forward a certified copy of the judgment of conviction to the Division of
393     Occupational and Professional Licensing:
394          (i) a health care practitioner; or
395          (ii) an individual licensed as a veterinarian under Title 58, Chapter 28, Veterinary
396     Practice Act.
397          (b) The Division of Occupational and Professional Licensing may bring a proceeding

398     in accordance with Title 58, Occupations and Professions, to revoke the license issued under
399     Title 58, Occupations and Professions, of an individual described in Subsection (5)(a).
400          (c) Upon revocation of a license under Subsection (5)(b):
401          (i) the Division of Occupational and Professional Licensing may not issue a license to
402     the individual under Title 58, Occupations and Professions, for at least one year from the date
403     of revocation; and
404          (ii) if the individual is convicted of a second or subsequent offense, the Division of
405     Occupational and Professional Licensing may not issue a license to the individual under Title
406     58, Occupations and Professions, for at least two years from the date of revocation.
407          Section 3. Section 58-50-2 is amended to read:
408          58-50-2. Definitions.
409          In addition to the definitions in Section 58-1-102, as used in this chapter:
410          (1) "Board" means the Private Probation Provider Licensing Board created in Section
411     58-50-3.
412          (2) "Court" means the particular court [which] that orders probation in a case.
413          (3) "Private probation" means the preparation of presentence investigation reports and
414     the performance of supervision services by a private probation provider and funded by a
415     court-ordered fee, to be paid by the defendant, [pursuant to Section 77-18-1] in accordance
416     with Subsection 77-18-105(6)(a)(vii).
417          (4) (a) "Private probation provider" means any private individual preparing presentence
418     investigation reports or providing probation supervision [pursuant to] in accordance with a
419     court order under Section [77-18-1] 77-18-105 and who is licensed under this chapter, and
420     whose services are limited to minor offenses and misdemeanor violations.
421          (b) A private probation provider does not have the authority of a peace officer.
422          (5) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
423     defined by rule includes:
424          (a) failure to disclose any financial or personal interest or prior relationship with parties
425     that affects the private probation provider's impartiality or otherwise constitutes a conflict of
426     interest;
427          (b) providing contract probation services when any financial or personal interest or
428     prior relationship with parties affects the private probation provider's impartiality or otherwise

429     constitutes an actual conflict of interest;
430          (c) failure to clearly define to the offender the services provided by the private
431     probation provider, the rules of conduct, the criteria used, and the fees charged;
432          (d) failure to provide adequate supervision, or supervision as ordered by the court, as
433     determined by the division in collaboration with the board; and
434          (e) failure to comply with the standards specified in Section 58-50-9.
435          Section 4. Section 58-50-9 is amended to read:
436          58-50-9. Standards of conduct for private probation providers.
437          The private probation provider:
438          (1) shall maintain impartiality toward all parties;
439          (2) shall ensure that all parties understand the nature of the process, the procedure, the
440     particular role of the private probation provider, and the parties' relationship to the private
441     probation provider;
442          (3) shall maintain confidentiality or, in cases where confidentiality is not protected, the
443     private probation provider shall so advise the parties;
444          (4) shall disclose any circumstance that may create or give the appearance of a conflict
445     of interest and any circumstance that may reasonably raise a question as to the private
446     probation provider's impartiality; if the contract probation supervisor perceives or believes a
447     conflict of interest to exist, the contract probation supervisor shall refrain from entering into
448     those probation services;
449          (5) shall adhere to the standards regarding private probation services adopted by the
450     licensing board;
451          (6) shall comply with orders of court and perform services as directed by judges in
452     individual cases; and
453          (7) shall perform duties established under Section [77-18-1] 77-18-105, as ordered by
454     the court.
455          Section 5. Section 58-50-10 is amended to read:
456          58-50-10. Exceptions from licensure.
457          In addition to the exemptions from licensure in Section 58-1-307, the following persons
458     may engage in probation supervision services subject to the stated circumstances and
459     limitations without being licensed under this chapter:

460          (1) employees of the Department of Corrections while performing probation services as
461     part of their normal duties and responsibilities;
462          (2) members of the armed forces and employees, agents, or representatives of the
463     federal government while acting in their official capacity; and
464          (3) agencies of local government[, pursuant to Section 77-18-1] in accordance with
465     Section 77-18-105.
466          Section 6. Section 59-10-529 is amended to read:
467          59-10-529. Overpayment of tax -- Credits -- Refunds.
468          (1) If there has been an overpayment of any tax imposed by this chapter, the amount of
469     overpayment is credited as follows:
470          (a) against an income tax due from a taxpayer;
471          (b) against:
472          (i) the amount of a judgment against a taxpayer, including a final judgment or order
473     requiring payment of a fine or of restitution to a victim under Title 77, Chapter [38a] 38b,
474     Crime Victims Restitution Act, obtained through due process of law by an entity of state or
475     local government; or
476          (ii) subject to Subsection (4)(a)(i), a child support obligation that is due or past due, as
477     determined by the Office of Recovery Services in the Department of Human Services and after
478     notice and an opportunity for an adjudicative proceeding, as provided in Subsection (4)(a)(iii);
479     or
480          (c) subject to Subsections (3), (5), (6), and (7), as bail to ensure the appearance of a
481     taxpayer before the appropriate authority to resolve an outstanding warrant against the taxpayer
482     for which bail is due, if a court of competent jurisdiction has not approved an alternative form
483     of payment.
484          (2) If a balance remains after an overpayment is credited in accordance with Subsection
485     (1), the balance shall be refunded to the taxpayer.
486          (3) Bail described in Subsection (1)(c) may be applied to any fine or forfeiture:
487          (a) that is due and related to a warrant that is outstanding on or after February 16, 1984;
488     and
489          (b) in accordance with Subsections (5) and (6).
490          (4) (a) The amount of an overpayment may be credited against an obligation described

491     in Subsection (1)(b)(ii) if the Office of Recovery Services has sent written notice to the
492     taxpayer's last-known address or the address on file under Section 62A-11-304.4, stating:
493          (i) the amount of child support that is due or past due as of the date of the notice or
494     other specified date;
495          (ii) that any overpayment shall be applied to reduce the amount of due or past-due child
496     support specified in the notice; and
497          (iii) that the taxpayer may contest the amount of past-due child support specified in the
498     notice by filing a written request for an adjudicative proceeding with the office within 15 days
499     of the notice being sent.
500          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
501     Office of Recovery Services shall establish rules to implement this Subsection (4), including
502     procedures, in accordance with the other provisions of this section, to ensure:
503          (i) prompt reimbursement to a taxpayer of any amount of an overpayment that was
504     credited against a child support obligation in error; and
505          (ii) prompt distribution of properly credited funds to the obligee parent.
506          (5) The amount of an overpayment may be credited against bail described in
507     Subsection (1)(c) if:
508          (a) a court has issued a warrant for the arrest of the taxpayer for failure to post bail,
509     appear, or otherwise satisfy the terms of a citation, summons, or court order; and
510          (b) a notice of intent to apply the overpayment as bail on the issued warrant has been
511     sent to the taxpayer's current address on file with the commission.
512          (6) (a) (i) The commission shall deliver an overpayment applied as bail to the court that
513     issued the warrant of arrest.
514          (ii) The clerk of the court is authorized to endorse the check or commission warrant of
515     payment on behalf of the payees and deposit the money in the court treasury.
516          (b) (i) The court receiving an overpayment applied as bail shall order withdrawal of the
517     warrant for arrest of the taxpayer if:
518          (A) the case is a case for which a personal appearance of the taxpayer is not required;
519     and
520          (B) the dollar amount of the overpayment represents the full dollar amount of bail.
521          (ii) In a case except for a case described in Subsection (6)(b)(i):

522          (A) the court receiving the overpayment applied as bail is not required to order the
523     withdrawal of the warrant of arrest of the taxpayer during the 40-day period; and
524          (B) the taxpayer may be arrested on the warrant.
525          (c) (i) If a taxpayer fails to respond to the notice required by Subsection (5)(b), or to
526     resolve the warrant within 40 days after the notice is sent under Subsection (5)(b), the
527     overpayment applied as bail is forfeited.
528          (ii) A court may issue another warrant or allow the original warrant to remain in force
529     if:
530          (A) the taxpayer has not complied with an order of the court;
531          (B) the taxpayer has failed to appear and respond to a criminal charge for which a
532     personal appearance is required; or
533          (C) the taxpayer has paid partial but not full bail in a case for which a personal
534     appearance is not required.
535          (d) If the alleged violations named in a warrant are later resolved in favor of the
536     taxpayer, the bail amount shall be remitted to the taxpayer.
537          (7) The fine and bail forfeiture provisions of this section apply to all warrants, fines,
538     fees, and surcharges issued in cases charging a taxpayer with a felony, a misdemeanor, or an
539     infraction described in this section, which are outstanding on or after February 16, 1984.
540          (8) If the amount allowed as a credit for tax withheld from a taxpayer exceeds the tax
541     to which the credit relates, the excess is considered an overpayment.
542          (9) (a) Subject to Subsection (9)(b), a taxpayer shall claim a credit or refund of an
543     overpayment that is attributable to a net operating loss carry back or carry forward within three
544     years after the day on which the return for the taxable year of the net operating loss is due.
545          (b) The three-year period described in Subsection (9)(a) shall be extended by any
546     extension of time provided in statute for filing the return described in Subsection (9)(a).
547          (10) If there is no tax liability for a period in which an amount is paid under this
548     chapter, the amount is an overpayment.
549          (11) If a tax under this chapter is assessed or collected after the expiration of the
550     applicable period of limitation, that amount is an overpayment.
551          (12) (a) A taxpayer may file a claim for a credit or refund of an overpayment within
552     two years after the day on which a notice of change, notice of correction, or amended return is

553     required to be filed with the commission if the taxpayer is required to:
554          (i) report a change or correction in income reported on the taxpayer's federal income
555     tax return;
556          (ii) report a change or correction that is treated in the same manner as if the change or
557     correction were an overpayment for federal income tax purposes; or
558          (iii) file an amended return with the commission.
559          (b) If a report or amended return is not filed within 90 days after the day on which the
560     report or amended return is due, interest on any resulting refund or credit ceases to accrue after
561     the 90-day period.
562          (c) The amount of the credit or refund may not exceed the amount of the reduction in
563     tax attributable to the federal change, correction, or items amended on the taxpayer's amended
564     federal income tax return.
565          (d) Except as provided in Subsection (12)(a), this Subsection (12) does not affect the
566     amount or the time within which a claim for credit or refund may be filed.
567          (13) A credit or refund may not be allowed or made if an overpayment is less than $1.
568          (14) In the case of an overpayment of tax by an employer under Part 4, Withholding of
569     Tax, an employer shall receive a refund or credit only to the extent that the amount of the
570     overpayment is not deducted and withheld from wages under this chapter.
571          (15) (a) If a taxpayer that is allowed a refund under this chapter dies, the commission
572     may make payment to the personal representative of the taxpayer's estate.
573          (b) If there is no personal representative of the taxpayer's estate, the commission may
574     make payment to those persons that establish entitlement to inherit the property of the decedent
575     in the proportions established in Title 75, Utah Uniform Probate Code.
576          (16) If an overpayment relates to a change in net income described in Subsection
577     59-10-536(2)(a), a credit may be allowed or a refund paid any time before the expiration of the
578     period within which a deficiency may be assessed.
579          (17) An overpayment of a tax imposed by this chapter shall accrue interest at the rate
580     and in the manner prescribed in Section 59-1-402.
581          (18) A pass-through entity may claim a refund of qualifying excess withholding in
582     accordance with Section 59-10-1403.3 in lieu of a pass-though entity taxpayer claiming a tax
583     credit under Section 59-7-614.4 or Section 59-10-1103.

584          Section 7. Section 62A-15-625 is amended to read:
585          62A-15-625. Voluntary admission of adults.
586          (1) A local mental health authority, a designee of a local mental health authority, or
587     another mental health facility may admit for observation, diagnosis, care, and treatment an
588     adult who applies for voluntary admission and who has a mental illness or exhibits the
589     symptoms of a mental illness.
590          (2) No adult may be committed to a local mental health authority against that adult's
591     will except as provided in this chapter.
592          (3) An adult may be voluntarily admitted to a local mental health authority for
593     treatment at the Utah State Hospital as a condition of probation or stay of sentence only after
594     the requirements of [Subsection 77-18-1(13)] Section 77-18-106 have been met.
595          Section 8. Section 63A-3-501 is amended to read:
596          63A-3-501. Definitions.
597          As used in this part:
598          (1) (a) "Accounts receivable" or "receivables" means any amount due to a state agency
599     from an entity for which payment has not been received by the state agency that is servicing the
600     debt.
601          (b) "Accounts receivable" includes:
602          (i) unpaid fees, licenses, taxes, loans, overpayments, fines, forfeitures, surcharges,
603     costs, contracts, interest, penalties, [restitution to victims,] third-party claims, sale of goods,
604     sale of services, claims, and damages[.];
605          (ii) a civil accounts receivable; and
606          (iii) a civil judgment of restitution.
607          (c) "Accounts receivable" does not include a criminal accounts receivable.
608          (2) "Administrative offset" means:
609          (a) a reduction of an individual's tax refund or other payments due to the individual to
610     reduce or eliminate accounts receivable that the individual owes to a state agency; and
611          (b) a reduction of an entity's tax refund or other payments due to the entity to reduce or
612     eliminate accounts receivable that the entity owes to a state agency.
613          (3) "Civil accounts receivable" means the same as that term is defined in Section
614     77-32b-102.

615          (4) "Civil judgment of restitution" means the same as that term is defined in Section
616     77-32b-102.
617          (5) "Criminal accounts receivable" means the same as that term is defined in Section
618     77-32b-102.
619          [(3)] (6) "Entity" means an individual, a corporation, partnership, or other organization
620     that pays taxes to, or does business, with the state.
621          [(4)] (7) "Office" means the Office of State Debt Collection [established by this part]
622     created in Section 63A-3-502.
623          [(5)] (8) "Past due" means any accounts receivable that the state has not received by the
624     payment due date.
625          [(6)] (9) "Political subdivision" means the same as that term is defined in Section
626     63G-7-102.
627          [(7) "Restitution to victims" means restitution ordered by a court to be paid to a victim
628     of an offense in a criminal or juvenile proceeding.]
629          (10) "Restitution" means the same as that term is defined in Section 77-38b-102.
630          [(8)] (11) (a) "State agency" includes:
631          (i) an executive branch agency;
632          (ii) the legislative branch of state government; and
633          (iii) the judicial branches of state government, including justice courts.
634          (b) "State agency" does not include:
635          (i) any institution of higher education;
636          (ii) except in Subsection 63A-3-502(7)(g), the State Tax Commission; or
637          (iii) the administrator of the Uninsured Employers' Fund appointed by the Labor
638     Commissioner under Section 34A-2-704, solely for the purposes of collecting money required
639     to be deposited into the Uninsured Employers' Fund under:
640          (A) Section 34A-1-405;
641          (B) Title 34A, Chapter 2, Workers' Compensation Act; or
642          (C) Title 34A, Chapter 3, Utah Occupational Disease Act.
643          [(9)] (12) "Writing-off" means the removal of an accounts receivable from an agency's
644     accounts receivable records but does not necessarily eliminate further collection efforts.
645          Section 9. Section 63A-3-502 is amended to read:

646          63A-3-502. Office of State Debt Collection created -- Duties.
647          (1) The state and each state agency shall comply with:
648          (a) the requirements of this chapter; and
649          (b) any rules established by the Office of State Debt Collection.
650          (2) There is created the Office of State Debt Collection in the Division of Finance.
651          (3) The office shall:
652          (a) have overall responsibility for collecting and managing state receivables;
653          (b) assist the Division of Finance to develop consistent policies governing the
654     collection and management of state receivables;
655          (c) oversee and monitor state receivables to ensure that state agencies are:
656          (i) implementing all appropriate collection methods;
657          (ii) following established receivables guidelines; and
658          (iii) accounting for and reporting receivables in the appropriate manner;
659          (d) assist the Division of Finance to develop policies, procedures, and guidelines for
660     accounting, reporting, and collecting money owed to the state;
661          (e) provide information, training, and technical assistance to each state agency on
662     various collection-related topics;
663          (f) write an inclusive receivables management and collection manual for use by each
664     state agency;
665          (g) prepare quarterly and annual reports of the state's receivables;
666          (h) create or coordinate a state accounts receivable database;
667          (i) develop reasonable criteria to gauge state agencies' efforts in maintaining an
668     effective accounts receivable program;
669          (j) identify any state agency that is not making satisfactory progress toward
670     implementing collection techniques and improving accounts receivable collections;
671          (k) coordinate information, systems, and procedures between each state agency to
672     maximize the collection of past-due accounts receivable;
673          (l) establish an automated cash receipt process between each state agency;
674          (m) assist the Division of Finance to establish procedures for writing off accounts
675     receivable for accounting and collection purposes;
676          (n) establish standard time limits after which an agency will delegate responsibility to

677     collect state receivables to the office or [its] the office's designee;
678          (o) be a real party in interest for:
679          (i) an account receivable referred to the office by any state agency [or for any
680     restitution to victims referred to the office]; and
681          (ii) a civil judgment of restitution entered on a civil judgment docket by a court; [and]
682          (p) allocate money collected for [judgments registered under Section 77-18-6] a
683     judgment entered on the civil judgment docket under Section 77-18-114 in accordance with
684     Sections 51-9-402, 63A-3-506, and 78A-5-110[.]; and
685          (q) if a criminal accounts receivable is transferred to the office under Subsection
686     77-32b-103(2)(a)(ii), receive, process, and distribute payments for the criminal accounts
687     receivable.
688          (4) The office may:
689          (a) recommend to the Legislature new laws to enhance collection of past-due accounts
690     by state agencies;
691          (b) collect accounts receivables for higher education entities, if the higher education
692     entity agrees;
693          (c) prepare a request for proposal for consulting services to:
694          (i) analyze the state's receivable management and collection efforts; and
695          (ii) identify improvements needed to further enhance the state's effectiveness in
696     collecting its receivables;
697          (d) contract with private or state agencies to collect past-due accounts;
698          (e) perform other appropriate and cost-effective coordinating work directly related to
699     collection of state receivables;
700          (f) obtain access to records and databases of any state agency that are necessary to the
701     duties of the office by following the procedures and requirements of Section 63G-2-206,
702     including the financial [disclosure form described in Section 77-38a-204] declaration form
703     described in Section 77-38b-204;
704          (g) collect interest and fees related to the collection of receivables under this chapter,
705     and establish, by following the procedures and requirements of Section 63J-1-504:
706          (i) a fee to cover the administrative costs of collection[,] on accounts administered by
707     the office;

708          (ii) a late penalty fee that may not be more than 10% of the account receivable on
709     accounts administered by the office;
710          (iii) an interest charge that is:
711          (A) the postjudgment interest rate established by Section 15-1-4 in judgments
712     established by the courts; or
713          (B) not more than 2% above the prime rate as of July 1 of each fiscal year for accounts
714     receivable for which no court judgment has been entered; and
715          (iv) fees to collect accounts receivable for higher education;
716          (h) collect reasonable attorney fees and reasonable costs of collection that are related to
717     the collection of receivables under this chapter;
718          (i) make rules that allow accounts receivable to be collected over a reasonable period
719     of time and under certain conditions with credit cards;
720          [(j) file a satisfaction of judgment in the court by following the procedures and
721     requirements of the Utah Rules of Civil Procedure;]
722          (j) for a case that is referred to the office or in which the office is a judgment creditor,
723     file a motion or other document related to the office or the accounts receivable in that case,
724     including a satisfaction of judgment, in accordance with the Utah Rules of Civil Procedure;
725          (k) ensure that judgments for which the office is the judgment creditor are renewed, as
726     necessary;
727          (l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
728     with private sector vendors under contract with the state to assist state agencies in collecting
729     debts owed to the state agencies without changing the classification of any private, controlled,
730     or protected record into a public record;
731          (m) enter into written agreements with other governmental agencies to obtain and share
732     information for the purpose of collecting state accounts receivable [and restitution for victims];
733     and
734          (n) collect accounts receivable for a political subdivision of the state[,] if the political
735     subdivision enters into an agreement or contract with the office under Title 11, Chapter 13,
736     Interlocal Cooperation Act, for the office to collect the political subdivision's accounts
737     receivable.
738          (5) The office shall ensure that:

739          (a) a record obtained by the office or a private sector vendor [as referred to in] under
740     Subsection (4)(l):
741          (i) is used only for the limited purpose of collecting accounts receivable; and
742          (ii) is subject to federal, state, and local agency records restrictions; and
743          (b) any person employed by, or formerly employed by, the office or a private sector
744     vendor as referred to in Subsection (4)(l) is subject to:
745          (i) the same duty of confidentiality with respect to the record imposed by law on
746     officers and employees of the state agency from which the record was obtained; and
747          (ii) any civil or criminal penalties imposed by law for violations of lawful access to a
748     private, controlled, or protected record.
749          (6) (a) The office shall collect [accounts receivable] a civil accounts receivable or a
750     civil judgment of restitution ordered by a court as a result of prosecution for a criminal offense
751     that have been transferred to the office under [Section 77-32a-102] Subsection 77-18-114(1) or
752     (2).
753          (b) The office may not assess:
754          (i) the interest charge established by the office under Subsection (4) on an account
755     receivable subject to the postjudgment interest rate established by Section 15-1-4[.]; and
756          (ii) an interest charge on a criminal accounts receivable that is transferred to the office
757     under Subsection 77-32b-103(2)(a)(ii).
758          (7) The office shall require a state agency to:
759          (a) transfer collection responsibilities to the office or [its] the office's designee
760     according to time limits established by the office;
761          (b) make annual progress towards implementing collection techniques and improved
762     accounts receivable collections;
763          (c) use the state's accounts receivable system or develop systems that are adequate to
764     properly account for and report [their] the state's receivables;
765          (d) develop and implement internal policies and procedures that comply with the
766     collections policies and guidelines established by the office;
767          (e) provide internal accounts receivable training to staff involved in the management
768     and collection of receivables as a supplement to statewide training;
769          (f) bill for and make initial collection efforts of its receivables up to the time the

770     accounts must be transferred; and
771          (g) submit quarterly receivable reports to the office that identify the age, collection
772     status, and funding source of each receivable.
773          (8) All interest, fees, and other amounts authorized to be [charged] collected by the
774     office under Subsection (4)(g):
775          (a) are penalties that may be charged by the office; [and]
776          (b) do not require an order from a court for the office to assess or collect;
777          [(b)] (c) are not compensation for actual pecuniary loss[.];
778          (d) for a civil accounts receivable:
779          (i) begin to accrue on the day on which the civil accounts receivable is entered on the
780     civil judgment docket under Subsection 77-18-114(1) or (2); and
781          (ii) may be collected as part of the civil accounts receivable;
782          (e) for a civil judgment of restitution:
783          (i) begin to accrue on the day on which the civil judgment of restitution is entered on
784     the civil judgment docket under Subsection 77-18-114(1); and
785          (ii) may be collected as part of the civil judgment of restitution;
786          (f) for all other accounts receivable:
787          (i) begin to accrue on the day on which the accounts receivable is transferred to the
788     office, even if there is no court order on the day on which the accounts receivable is
789     transferred; and
790          (ii) may be collected as part of the accounts receivable; and
791          (g) may be waived by:
792          (i) the office; or
793          (ii) if the interest, fee, or other amount is charged in error, the court.
794          Section 10. Section 63A-3-504 is amended to read:
795          63A-3-504. Rulemaking authority -- Collection techniques.
796          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
797     office shall make rules:
798          (1) providing details, as necessary, for the distribution of debts collected in accordance
799     with the priorities under Subsection 63A-3-505(3); [and]
800          (2) to govern collection techniques, which may include the use of:

801          (a) credit reporting bureaus;
802          (b) collection agencies;
803          (c) garnishments;
804          (d) liens;
805          (e) judgments; and
806          (f) administrative offsets[.]; and
807          (3) establishing that any portion of a payment for a civil judgment of restitution be
808     credited to principal first and, if the principal amount owed for the civil judgment of restitution
809     has been satisfied, the remainder of the payment be credited to interest that has accrued on the
810     principal.
811          Section 11. Section 63A-3-505 is amended to read:
812          63A-3-505. State Debt Collection Fund.
813          (1) There is created an expendable special revenue fund entitled the "State Debt
814     Collection Fund."
815          (2) The fund consists of:
816          (a) all amounts appropriated to the fund under this chapter;
817          (b) fees and interest established by the office under Subsection 63A-3-502(4)(g); and
818          (c) except as otherwise provided by law, all postjudgment interest collected by the
819     office or the state, except postjudgment interest on [restitution] a civil judgment of restitution.
820          (3) Money in this fund shall be used to pay for:
821          (a) the costs of the office in the performance of [its] the office's duties under this
822     chapter;
823          (b) [restitution to victims to whom the debt is owed] a civil judgment of restitution for
824     which debt is owed;
825          (c) interest accrued that is associated with the debt;
826          (d) principal on the debt to the state agencies or other entities that placed the receivable
827     for collection; and
828          (e) other legal obligations including those ordered by a court.
829          (4) (a) The fund may collect interest.
830          (b) All interest earned from the fund shall be deposited in the General Fund.
831          (5) The office shall ensure that money remaining in the fund at the end of the fiscal

832     year that is not committed under the priorities established under Subsection (3) is deposited
833     into the General Fund.
834          Section 12. Section 63A-3-507 is amended to read:
835          63A-3-507. Administrative garnishment order.
836          (1) [If] Subject to Subsection (2), if a judgment is entered against a debtor, the office
837     may[, subject to Subsection (2),] issue an administrative garnishment order against the debtor's
838     personal property, including wages, in the possession of a party other than the debtor in the
839     same manner and with the same effect as if the order was a writ of garnishment issued by a
840     court with jurisdiction.
841          (2) The office may issue the administrative garnishment order if [the order is]:
842          (a) the order is signed by the director or the director's designee; and
843          (b) the underlying debt is for:
844          (i) nonpayment of [a criminal judgment accounts receivable as defined in Section
845     77-32a-101] a civil accounts receivable or a civil judgment of restitution; or
846          (ii) nonpayment of a judgment, or abstract of judgment or award filed with a court,
847     based on an administrative order for payment issued by an agency of the state.
848          (3) An administrative garnishment order issued in accordance with this section is
849     subject to the procedures and due process protections provided by Rule 64D, Utah Rules of
850     Civil Procedure, except as provided by Section 70C-7-103.
851          (4) An administrative garnishment order issued by the office shall:
852          (a) contain a statement that includes:
853          (i) if known:
854          (A) the nature, location, account number, and estimated value of the property; and
855          (B) the name, address, and phone number of the person holding the property;
856          (ii) whether any of the property consists of earnings;
857          (iii) the amount of the judgment and the amount due on the judgment;
858          (iv) the name, address, and phone number of any person known to the plaintiff to claim
859     an interest in the property; and
860          (v) that the plaintiff has attached or will serve the garnishee fee established in Section
861     78A-2-216;
862          (b) identify the defendant, including:

863          (i) the defendant's name and address; and
864          (ii) if known:
865          (A) the last four digits of the defendant's Social Security number;
866          (B) the last four digits of the defendant's driver license; and
867          (C) the state in which the driver license was issued;
868          (c) include one or more interrogatories inquiring:
869          (i) whether the garnishee is indebted to the defendant and, if so, the nature of the
870     indebtedness;
871          (ii) whether the garnishee possesses or controls any property of the defendant, and, if
872     so, the nature, location, and estimated value of the property;
873          (iii)(A) whether the garnishee knows of any property of the defendant in the possession
874     or under the control of another; and
875          (B) the nature, location, and estimated value of the defendant's property in possession
876     or under the control of another, and the name, address, and phone number of the person with
877     possession or control;
878          (iv) whether the garnishee is deducting a liquidated amount in satisfaction of a claim
879     against the plaintiff or the defendant, a designation as to whom the claim relates, and the
880     amount deducted;
881          (v) the date and manner of the garnishee's service of papers upon the defendant and any
882     third party;
883          (vi) the dates on which previously served writs of continuing garnishment were served,
884     if any; and
885          (vii) any other relevant information the office may request, including the defendant's
886     position, rate, and method of compensation, pay period, or computation of the amount of the
887     defendant's disposable earnings;
888          (d) notify the defendant of the defendant's right to reply to answers and request a
889     hearing as provided by Rule 64D, Utah Rules of Civil Procedure; and
890          (e) state where the garnishee may deliver property.
891          (5)(a) A garnishee who acts in accordance with this section and the administrative
892     garnishment issued by the office is released from liability unless an answer to an interrogatory
893     is successfully controverted.

894          (b) Except as provided in Subsection (5)(c), if the garnishee fails to comply with an
895     administrative garnishment issued by the office without a court or final administrative order
896     directing otherwise, the garnishee is liable to the office for an amount ordered by the court,
897     including:
898          (i) the value of the property or the value of the judgment, whichever is less;
899          (ii) reasonable costs; and
900          (iii) attorney fees incurred by the parties as a result of the garnishee's failure.
901          (c) If the garnishee shows that the steps taken to secure the property were reasonable,
902     the court may excuse the garnishee's liability in whole or in part.
903          (6) A creditor who files a motion for an order to show cause under this section shall
904     attach to the motion a statement that the creditor has in good faith conferred or attempted to
905     confer with the garnishee in an effort to settle the issue without court action.
906          (7) A person is not liable as a garnishee for drawing, accepting, making, or endorsing a
907     negotiable instrument if the instrument is not in the possession or control of the garnishee at
908     the time of service of the administrative garnishment order.
909          (8)(a) A person indebted to the defendant may pay to the office the amount of the debt
910     or an amount to satisfy the administrative garnishment.
911          (b) The office's receipt of an amount described in Subsection (8)(a) discharges the
912     debtor for the amount paid.
913          (9) A garnishee may deduct from the property any liquidated claim against the
914     defendant.
915          (10)(a) If a debt to the garnishee is secured by property, the office:
916          (i) is not required to apply the property to the debt when the office issues the
917     administrative garnishment order; and
918          (ii) may obtain a court order authorizing the office to buy the debt and requiring the
919     garnishee to deliver the property.
920          (b) Notwithstanding Subsection (10)(a)(i):
921          (i) the administrative garnishment order remains in effect; and
922          (ii) the office may apply the property to the debt.
923          (c) The office or a third party may perform an obligation of the defendant and require
924     the garnishee to deliver the property upon completion of performance or, if performance is

925     refused, upon tender of performance if:
926          (i) the obligation is secured by property; and
927          (ii)(A) the obligation does not require the personal performance of the defendant; and
928          (B) a third party may perform the obligation.
929          (11)(a) The office may issue a continuing garnishment order against a nonexempt
930     periodic payment.
931          (b) This section is subject to the Utah Exemptions Act.
932          (c) A continuing garnishment order issued in accordance with this section applies to
933     payments to the defendant from the date of service upon the garnishee until the earlier of the
934     following:
935          (i) the last periodic payment;
936          (ii) the judgment upon which the administrative garnishment order is issued is stayed,
937     vacated, or satisfied in full; or
938          (iii) the office releases the order.
939          (d) No later than seven days after the last day of each payment period, the garnishee
940     shall with respect to that period:
941          (i) answer each interrogatory;
942          (ii) serve an answer to each interrogatory on the office, the defendant, and any other
943     person who has a recorded interest in the property; and
944          (iii) deliver the property to the office.
945          (e) If the office issues a continuing garnishment order during the term of a writ of
946     continuing garnishment issued by the district court, the order issued by the office:
947          (i) is tolled when a writ of garnishment or other income withholding is already in effect
948     and is withholding greater than or equal to the maximum portion of disposable earnings
949     described in Subsection (12);
950          (ii) is collected in the amount of the difference between the maximum portion of
951     disposable earnings described in Subsection (12) and the amount being garnished by an
952     existing writ of continuing garnishment if the maximum portion of disposable earnings exceed
953     the existing writ of garnishment or other income withholding; and
954          (iii) shall take priority upon the termination of the current term of existing writs.
955          (12) The maximum portion of disposable earnings of an individual subject to seizure in

956     accordance with this section is the lesser of:
957          (a) 25% of the defendant's disposable earnings for any other judgment; or
958          (b) the amount by which the defendant's disposable earnings for a pay period exceeds
959     the number of weeks in that pay period multiplied by 30 times the federal minimum wage as
960     provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
961          (13) The administrative garnishment instituted in accordance with this section shall
962     continue to operate and require that a person withhold the nonexempt portion of earnings at
963     each succeeding earning disbursement interval until the total amount due in the garnishment is
964     withheld or the garnishment is released in writing by the court or office.
965          (14) If the office issues an administrative garnishment order under this section to
966     collect an amount owed on a civil accounts receivable or a civil judgment of restitution, the
967     administrative garnishment order shall be construed as a continuation of the criminal action for
968     which the civil accounts receivable or civil judgment of restitution arises if the amount owed is
969     from a fine, fee, or restitution for the criminal action.
970          Section 13. Section 63I-1-263 is amended to read:
971          63I-1-263. Repeal dates, Titles 63A to 63N.
972          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
973          (a) Subsection 63A-1-201(1) is repealed;
974          (b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
975     is repealed;
976          (c) Section 63A-1-203 is repealed;
977          (d) Subsections 63A-1-204(1) and (2), the language "After consultation with the board,
978     and" is repealed; and
979          (e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
980     Subsection 63A-1-203(3)(c)" is repealed.
981          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
982     improvement funding, is repealed July 1, 2024.
983          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
984     2023.
985          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
986     Committee, are repealed July 1, 2023.

987          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
988     1, 2028.
989          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
990     2025.
991          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
992     2024.
993          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
994     repealed July 1, 2021.
995          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
996     July 1, 2023.
997          (10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
998          (11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
999     2025.
1000          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1001     Advisory Board, is repealed July 1, 2026.
1002          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
1003     2025.
1004          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1005     2024.
1006          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1007          (16) Subsection 63J-1-602.1(14), Nurse Home Visiting Restricted Account is repealed
1008     July 1, 2026.
1009          (17) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio System
1010     Restricted Account, is repealed July 1, 2022.
1011          (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
1012     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
1013     necessary changes to subsection numbering and cross references.
1014          (18) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
1015     Commission, is repealed July 1, 2023.
1016          (19) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
1017     July 1, 2022.

1018          (20) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety Commission, is
1019     repealed January 1, 2025.
1020          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
1021     repealed July 1, 2027.
1022          (22) Subsection 63J-4-608(3), which creates the Federal Land Application Advisory
1023     Committee, is repealed on July 1, 2021.
1024          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
1025     January 1, 2023:
1026          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1027     repealed;
1028          (b) Section 63M-7-305, the language that states "council" is replaced with
1029     "commission";
1030          (c) Subsection 63M-7-305(1) is repealed and replaced with:
1031          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1032          (d) Subsection 63M-7-305(2) is repealed and replaced with:
1033          "(2) The commission shall:
1034          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1035     Drug-Related Offenses Reform Act; and
1036          (b) coordinate the implementation of Section [77-18-1.1] 77-18-104 and related
1037     provisions in Subsections [77-18-1(5)(b)(iii) and (iv)] 77-18-103(2)(c) and (d).".
1038          (24) The Crime Victim Reparations and Assistance Board, created in Section
1039     63M-7-504, is repealed July 1, 2027.
1040          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1041     1, 2022.
1042          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
1043          (27) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
1044     January 1, 2023.
1045          (28) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
1046     Council, is repealed July 1, 2024.
1047          (29) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1048          (30) Section 63N-2-512 is repealed July 1, 2021.

1049          (31) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
1050     January 1, 2021.
1051          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
1052     calendar years beginning on or after January 1, 2021.
1053          (c) Notwithstanding Subsection (31)(b), an entity may carry forward a tax credit in
1054     accordance with Section 59-9-107 if:
1055          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
1056     31, 2020; and
1057          (ii) the qualified equity investment that is the basis of the tax credit is certified under
1058     Section 63N-2-603 on or before December 31, 2023.
1059          (32) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1, 2023.
1060          (33) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
1061     July 1, 2023.
1062          (34) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
1063     2025.
1064          (35) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
1065     is repealed January 1, 2023.
1066          (36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
1067     2023.
1068          Section 14. Section 63M-7-303 is amended to read:
1069          63M-7-303. Duties of council.
1070          (1) The Utah Substance Use and Mental Health Advisory Council shall:
1071          (a) provide leadership and generate unity for Utah's ongoing efforts to reduce and
1072     eliminate the impact of substance use and mental health disorders in Utah through a
1073     comprehensive and evidence-based prevention, treatment, and justice strategy;
1074          (b) recommend and coordinate the creation, dissemination, and implementation of
1075     statewide policies to address substance use and mental health disorders;
1076          (c) facilitate planning for a balanced continuum of substance use and mental health
1077     disorder prevention, treatment, and justice services;
1078          (d) promote collaboration and mutually beneficial public and private partnerships;
1079          (e) coordinate recommendations made by any committee created under Section

1080     63M-7-302;
1081          (f) analyze and provide an objective assessment of all proposed legislation concerning
1082     substance use, mental health, and related issues;
1083          (g) coordinate the implementation of Section [77-18-1.1] 77-18-104 and related
1084     provisions in Subsections [77-18-1(5)(b)(iii) and (iv)] 77-18-103(2)(c) and (d), as provided in
1085     Section 63M-7-305;
1086          (h) comply with Section 32B-2-306; and
1087          (i) oversee coordination for the funding, implementation, and evaluation of suicide
1088     prevention efforts described in Section 62A-15-1101.
1089          (2) The council shall meet quarterly or more frequently as determined necessary by the
1090     chair.
1091          (3) The council shall report [its] the council's recommendations annually to the
1092     commission, governor, the Legislature, and the Judicial Council.
1093          Section 15. Section 63M-7-305 is amended to read:
1094          63M-7-305. Drug-Related Offenses Reform Act -- Coordination.
1095          (1) As used in this section:
1096          (a) "Council" means the Utah Substance Use and Mental Health Advisory Council.
1097          (b) "Drug-Related Offenses Reform Act" and "act" mean the screening, assessment,
1098     substance use disorder treatment, and supervision provided to convicted persons under
1099     Subsection [77-18-1.1(2)] 77-18-104(2) to:
1100          (i) determine a person's specific substance use disorder treatment needs as early as
1101     possible in the judicial process;
1102          (ii) expand treatment resources for persons in the community;
1103          (iii) integrate a person's treatment with supervision by the Department of Corrections;
1104     and
1105          (iv) reduce the incidence of substance use disorders and related criminal conduct.
1106          (c) "Substance abuse authority" [has the same meaning as] means the same as that term
1107     is defined in Section 17-43-201.
1108          (2) The council shall provide ongoing oversight of the implementation, functions, and
1109     evaluation of the Drug-Related Offenses Reform Act.
1110          (3) The council shall develop an implementation plan for the Drug-Related Offenses

1111     Reform Act. The plan shall:
1112          (a) identify local substance abuse authority areas where the act will be implemented, in
1113     cooperation with the Division of Substance Abuse and Mental Health, the Department of
1114     Corrections, and the local substance abuse authorities;
1115          (b) include guidelines for local substance abuse authorities and the Utah Department of
1116     Corrections on how funds appropriated under the act should be used, including eligibility
1117     requirements for convicted persons who participate in services funded by the act, that are
1118     consistent with the recommendations of the Commission on Criminal and Juvenile Justice for
1119     reducing recidivism; and
1120          (c) require that treatment plans under the act are appropriate for persons involved in the
1121     criminal justice system.
1122          Section 16. Section 63M-7-502 is amended to read:
1123          63M-7-502. Definitions.
1124          As used in this part:
1125          (1) "Accomplice" means an individual who has engaged in criminal conduct as
1126     described in Section 76-2-202.
1127          (2) "Board" means the Crime Victim Reparations and Assistance Board created under
1128     Section 63M-7-504.
1129          (3) "Bodily injury" means physical pain, illness, or any impairment of physical
1130     condition.
1131          (4) "Claimant" means any of the following claiming reparations under this part:
1132          (a) a victim;
1133          (b) a dependent of a deceased victim; or
1134          (c) an individual or representative who files a reparations claim on behalf of a victim.
1135          (5) "Child" means an unemancipated individual who is under 18 years old.
1136          (6) "Collateral source" means any source of benefits or advantages for economic loss
1137     otherwise reparable under this part [which] that the victim or claimant has received, or [which]
1138     that is readily available to the victim from:
1139          (a) the offender;
1140          (b) the insurance of the offender or the victim;
1141          (c) the United States government or any of its agencies, a state or any of its political

1142     subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
1143     state-funded programs;
1144          (d) social security, Medicare, and Medicaid;
1145          (e) state-required temporary nonoccupational income replacement insurance or
1146     disability income insurance;
1147          (f) workers' compensation;
1148          (g) wage continuation programs of any employer;
1149          (h) proceeds of a contract of insurance payable to the victim for the loss the victim
1150     sustained because of the criminally injurious conduct;
1151          (i) a contract providing prepaid hospital and other health care services or benefits for
1152     disability; or
1153          (j) veteran's benefits, including veteran's hospitalization benefits.
1154          (7) (a) "Criminally injurious conduct" other than acts of war declared or not declared
1155     means conduct that:
1156          (i) is or would be subject to prosecution in this state under Section 76-1-201;
1157          (ii) occurs or is attempted;
1158          (iii) causes, or poses a substantial threat of causing, bodily injury or death;
1159          (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
1160     conduct possessed the capacity to commit the conduct; and
1161          (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
1162     aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
1163     conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
1164     Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
1165          (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
1166     Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
1167     does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
1168          (c) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
1169     other conduct leading to the psychological injury of an individual resulting from living in a
1170     setting that involves a bigamous relationship.
1171          (8) (a) "Dependent" means a natural person to whom the victim is wholly or partially
1172     legally responsible for care or support [and includes].

1173          (b) "Dependent" includes a child of the victim born after the victim's death.
1174          (9) "Dependent's economic loss" means loss after the victim's death of contributions of
1175     things of economic value to the victim's dependent, not including services the dependent would
1176     have received from the victim if the victim had not suffered the fatal injury, less expenses of
1177     the dependent avoided by reason of victim's death.
1178          (10) "Dependent's replacement services loss" means loss reasonably and necessarily
1179     incurred by the dependent after the victim's death in obtaining services in lieu of those the
1180     decedent would have performed for the victim's benefit if the victim had not suffered the fatal
1181     injury, less expenses of the dependent avoided by reason of the victim's death and not
1182     subtracted in calculating the dependent's economic loss.
1183          (11) "Director" means the director of the office.
1184          (12) "Disposition" means the sentencing or determination of penalty or punishment to
1185     be imposed upon an individual:
1186          (a) convicted of a crime;
1187          (b) found delinquent; or
1188          (c) against whom a finding of sufficient facts for conviction or finding of delinquency
1189     is made.
1190          (13) (a) "Economic loss" means economic detriment consisting only of allowable
1191     expense, work loss, replacement services loss, and if injury causes death, dependent's economic
1192     loss and dependent's replacement service loss.
1193          (b) "Economic loss" includes economic detriment even if caused by pain and suffering
1194     or physical impairment.
1195          (c) "Economic loss" does not include noneconomic detriment.
1196          (14) "Elderly victim" means an individual 60 years old or older who is a victim.
1197          (15) "Fraudulent claim" means a filed reparations based on material misrepresentation
1198     of fact and intended to deceive the reparations staff for the purpose of obtaining reparation
1199     funds for which the claimant is not eligible.
1200          (16) "Fund" means the Crime Victim Reparations Fund created in Section 63M-7-526.
1201          (17) "Law enforcement officer" means [a law enforcement officer as defined in Section
1202     53-13-103] the same as that term is defined in Section 53-13-103.
1203          (18) (a) "Medical examination" means a physical examination necessary to document

1204     criminally injurious conduct [but].
1205          (b) "Medical examination" does not include mental health evaluations for the
1206     prosecution and investigation of a crime.
1207          (19) "Mental health counseling" means outpatient and inpatient counseling necessitated
1208     as a result of criminally injurious conduct, is subject to rules made by the board in accordance
1209     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1210          (20) "Misconduct" [as provided in Subsection 63M-7-512(1)(b)] means conduct by the
1211     victim [which] that was attributable to the injury or death of the victim as provided by rules
1212     made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1213     Act.
1214          (21) "Noneconomic detriment" means pain, suffering, inconvenience, physical
1215     impairment, and other nonpecuniary damage, except as provided in this part.
1216          (22) "Pecuniary loss" does not include loss attributable to pain and suffering except as
1217     otherwise provided in this part.
1218          (23) "Offender" means an individual who has violated [the] Title 76, Utah Criminal
1219     Code, through criminally injurious conduct regardless of whether the individual is arrested,
1220     prosecuted, or convicted.
1221          (24) "Offense" means a violation of [the] Title 76, Utah Criminal Code.
1222          (25) "Office" means the director, the reparations and assistance officers, and any other
1223     staff employed for the purpose of carrying out the provisions of this part.
1224          (26) "Perpetrator" means the individual who actually participated in the criminally
1225     injurious conduct.
1226          (27) "Reparations award" means money or other benefits provided to a claimant or to
1227     another on behalf of a claimant after the day on which a reparations claim is approved by the
1228     office.
1229          (28) "Reparations claim" means a claimant's request or application made to the office
1230     for a reparations award.
1231          (29) (a) "Reparations officer" means an individual employed by the office to
1232     investigate claims of victims and award reparations under this part[, and includes].
1233          (b) "Reparations officer" includes the director when the director is acting as a
1234     reparations officer.

1235          (30) "Replacement service loss" means expenses reasonably and necessarily incurred in
1236     obtaining ordinary and necessary services in lieu of those the injured individual would have
1237     performed, not for income but the benefit of the injured individual or the injured individual's
1238     dependents if the injured individual had not been injured.
1239          (31) (a) "Representative" means the victim, immediate family member, legal guardian,
1240     attorney, conservator, executor, or an heir of an individual [but].
1241          (b) "Representative" does not include a service provider or collateral source.
1242          (32) "Restitution" means [money or services an appropriate authority orders an
1243     offender to pay or render to a victim of the offender's conduct.] the same as that term is defined
1244     in Section 77-38b-102.
1245          (33) "Secondary victim" means an individual who is traumatically affected by the
1246     criminally injurious conduct subject to rules made by the board in accordance with Title 63G,
1247     Chapter 3, Utah Administrative Rulemaking Act.
1248          (34) "Service provider" means an individual or agency who provides a service to
1249     [crime victims] a victim for a monetary fee, except attorneys as provided in Section
1250     63M-7-524.
1251          (35) "Serious bodily injury" means the same as that term is defined in Section
1252     76-1-601.
1253          (36) "Substantial bodily injury" means the same as that term is defined in Section
1254     76-1-601.
1255          (37) (a) "Victim" means an individual who suffers bodily or psychological injury or
1256     death as a direct result of:
1257          (i) criminally injurious conduct; or [of]
1258          (ii) the production of pornography in violation of Section 76-5b-201 if the individual is
1259     a minor.
1260          (b) "Victim" does not include an individual who participated in or observed the judicial
1261     proceedings against an offender unless otherwise provided by statute or rule made in
1262     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1263          (c) "Victim" includes a resident of this state who is injured or killed by an act of
1264     terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
1265          (38) "Work loss" means loss of income from work the injured victim would have

1266     performed if the injured victim had not been injured and expenses reasonably incurred by the
1267     injured victim in obtaining services in lieu of those the injured victim would have performed
1268     for income, reduced by any income from substitute work the injured victim was capable of
1269     performing but unreasonably failed to undertake.
1270          Section 17. Section 63M-7-503 is amended to read:
1271          63M-7-503. Restitution -- Reparations not to supplant restitution -- Assignment
1272     of claim for restitution judgment to Reparations Office.
1273          (1) A reparations award may not supplant [restitution as established under Title 77,
1274     Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.] an
1275     order for restitution under Title 77, Chapter 38b, Crime Victims Restitution Act, or under any
1276     other provision of law.
1277          (2) The court may not reduce an order [of] for restitution based on a reparations award.
1278          (3) (a) (i) [If, due to reparation payments to a victim, the office is assigned under
1279     Section 63M-7-519 a claim for the victim's judgment for restitution or a portion of the
1280     restitution] If a victim receives a reparations award and the office is assigned the victim's claim
1281     for restitution, or a portion of the victim's claim for restitution, under Section 63M-7-519, the
1282     office may file with the sentencing court a notice of restitution listing the amounts or estimated
1283     future amounts of payments made or anticipated to be made to or on behalf of the victim.
1284          (ii) The office may provide a [restitution notice] notice of restitution to the victim or
1285     victim's representative before or at sentencing.
1286          (iii) The office's failure to provide notice under Subsection (3)(a)(i) or (ii) does not
1287     invalidate the imposition of the judgment or [order of] an order for restitution if the defendant
1288     is given the opportunity to object and be heard as provided in this part.
1289          (b) (i) Any objection by the defendant to the imposition or amount of restitution under
1290     Subsection (3)(a)(i) shall be:
1291          (A) made at the time of sentencing; or
1292          (B) made in writing within 20 days after the day on which the defendant receives the
1293     notice described in Subsection (3)(a)[, to be] and filed with the court and a copy mailed to the
1294     office.
1295          (ii) Upon [the filing of the] an objection, the court shall allow the defendant a [full]
1296     hearing on the issue [in accordance with Subsection 77-38a-302(4)].

1297          (iii) After a hearing under Subsection (3)(b)(ii), the court shall:
1298          (A) enter an order for restitution in accordance with Section 77-38b-205; and
1299          (B) identify the office as an assignee for the order for restitution.
1300          [(iii) The] (iv) Subject to the right of the defendant to object, the amount of restitution
1301     sought by the office may be updated [at any time, subject to the right of the defendant to
1302     object.] and the office identified as an assignee of an order for restitution in accordance with
1303     the time periods established under Subsection 77-38b-205(5).
1304          (4) If no objection is made or filed by the defendant under Subsection (3), [then upon
1305     conviction and sentencing, the court shall enter a judgment for complete restitution under
1306     Subsections 76-3-201(4)(c) and (d) and identify the office as the assignee of the assigned
1307     portion of the judgment and order of restitution.] the court shall upon conviction and
1308     sentencing:
1309          (a) enter an order for restitution in accordance with Section 77-38b-205; and
1310          (b) identify the office as an assignee for the order for restitution.
1311          (5) (a) If the notice of restitution is filed after sentencing but during the term of
1312     probation or parole, the court [or Board of Pardons] shall:
1313          (i) modify any [existing civil judgment and order of] order for restitution to include
1314     expenses paid by the office on behalf of the victim in accordance with Subsection
1315     77-38b-205(5); and
1316          (ii) identify the office as [the] an assignee of the [assigned portion of the judgment and
1317     order of] order for restitution. [If no judgment or order of restitution has]
1318          (b) If an order for restitution has not been entered, the court shall [enter a judgment for
1319     complete restitution and court-ordered restitution under Sections 77-38a-302 and 77-38a-401.]:
1320          (i) enter an order for restitution in accordance with Section 77-38b-205; and
1321          (ii) identify the office as an assignee of the order for restitution.
1322          Section 18. Section 63M-7-513 is amended to read:
1323          63M-7-513. Collateral sources.
1324          (1) (a) An order [of] for restitution may not be considered readily available as a
1325     collateral source.
1326          (b) Receipt of a reparations award under this part is considered an assignment of the
1327     victim's rights to restitution from the offender.

1328          (2) (a) The victim may not discharge a claim against an individual or entity without the
1329     office's written permission [and].
1330          (b) The victim shall fully cooperate with the office in pursuing the office's right of
1331     reimbursement, including providing the office with any evidence in the victim's possession.
1332          (3) The office's right of reimbursement applies regardless of whether the victim is fully
1333     compensated for the victim's losses.
1334          (4) Notwithstanding Subsection 63M-7-512(1)(a), a victim of a sexual offense who
1335     requests testing of the victim's self may be reimbursed for the costs of the HIV test only as
1336     provided in Subsection 76-5-503(4).
1337          Section 19. Section 64-13-1 is amended to read:
1338          64-13-1. Definitions.
1339          As used in this chapter:
1340          (1) "Case action plan" means a document developed by the Department of Corrections
1341     that identifies the program priorities for the treatment of the offender, including the criminal
1342     risk factors as determined by a risk and needs assessment conducted by the department.
1343          (2) "Community correctional center" means a nonsecure correctional facility operated
1344     by the department.
1345          (3) "Correctional facility" means any facility operated to house offenders[, either] in a
1346     secure or nonsecure setting:
1347          (a) by the department; or
1348          (b) under a contract with the department.
1349          (4) "Criminal risk factors" means [a person's] an individual's characteristics and
1350     behaviors that:
1351          (a) affect [that person's] the individual's risk of engaging in criminal behavior; and
1352          (b) are diminished when addressed by effective treatment, supervision, and other
1353     support resources, resulting in a reduced risk of criminal behavior.
1354          (5) "Department" means the Department of Corrections.
1355          (6) "Emergency" means any riot, disturbance, homicide, inmate violence occurring in
1356     any correctional facility, or any situation that presents immediate danger to the safety, security,
1357     and control of the department.
1358          (7) "Executive director" means the executive director of the Department of

1359     Corrections.
1360          (8) "Inmate" means [any person] an individual who is:
1361          (a) committed to the custody of the department [and who is]; and
1362          (b) housed at a correctional facility or at a county jail at the request of the department.
1363          (9) "Offender" means [any person] an individual who has been convicted of a crime for
1364     which [he] the individual may be committed to the custody of the department and is at least one
1365     of the following:
1366          (a) committed to the custody of the department;
1367          (b) on probation; or
1368          (c) on parole.
1369          (10) "Restitution" means the same as that term is defined in Section 77-38b-102.
1370          [(10)] (11) "Risk and needs assessment" means an actuarial tool validated on criminal
1371     offenders that determines:
1372          (a) an individual's risk of reoffending; and
1373          (b) the criminal risk factors that, when addressed, reduce the individual's risk of
1374     reoffending.
1375          [(11)] (12) "Secure correctional facility" means any prison, penitentiary, or other
1376     institution operated by the department or under contract for the confinement of offenders,
1377     where force may be used to restrain [them if they attempt] an offender if the offender attempts
1378     to leave the institution without authorization.
1379          Section 20. Section 64-13-6 is amended to read:
1380          64-13-6. Department duties.
1381          (1) The department shall:
1382          (a) protect the public through institutional care and confinement, and supervision in the
1383     community of offenders where appropriate;
1384          (b) implement court-ordered punishment of offenders;
1385          (c) provide program opportunities for offenders;
1386          (d) provide treatment for sex offenders who are found to be treatable based upon
1387     criteria developed by the department;
1388          (e) provide the results of ongoing assessment of sex offenders and objective diagnostic
1389     testing to sentencing and release authorities;

1390          (f) manage programs that take into account the needs and interests of victims, where
1391     reasonable;
1392          (g) supervise probationers and parolees as directed by statute and implemented by the
1393     courts and the Board of Pardons and Parole;
1394          (h) subject to Subsection (2), investigate criminal conduct involving offenders
1395     incarcerated in a state correctional facility;
1396          (i) cooperate and exchange information with other state, local, and federal law
1397     enforcement agencies to achieve greater success in prevention and detection of crime and
1398     apprehension of criminals;
1399          (j) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
1400     Offender Supervision;
1401          (k) establish a case action plan for each offender as follows:
1402          (i) if an offender is to be supervised in the community, the case action plan shall be
1403     established for the offender not more than 90 days after supervision by the department begins;
1404     and
1405          (ii) if the offender is committed to the custody of the department, the case action plan
1406     shall be established for the offender not more than 120 days after the commitment; and
1407          (l) ensure that any training or certification required of a public official or public
1408     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1409     22, State Training and Certification Requirements, if the training or certification is required:
1410          (i) under this title;
1411          (ii) by the department; or
1412          (iii) by an agency or division within the department.
1413          (2) The department may in the course of supervising probationers and parolees:
1414          (a) impose graduated sanctions, as established by the Utah Sentencing Commission
1415     under Subsection 63M-7-404(6), for an individual's violation of one or more terms of the
1416     probation or parole; and
1417          (b) upon approval by the court or the Board of Pardons and Parole, impose as a
1418     sanction for an individual's violation of the terms of probation or parole a period of
1419     incarceration of not more than three consecutive days and not more than a total of five days
1420     within a period of 30 days.

1421          (3) (a) By following the procedures in Subsection (3)(b), the department may
1422     investigate the following occurrences at state correctional facilities:
1423          (i) criminal conduct of departmental employees;
1424          (ii) felony crimes resulting in serious bodily injury;
1425          (iii) death of any person; or
1426          (iv) aggravated kidnaping.
1427          (b) [Prior to] Before investigating any occurrence specified in Subsection (3)(a), the
1428     department shall:
1429          (i) notify the sheriff or other appropriate law enforcement agency promptly after
1430     ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
1431     occurred; and
1432          (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
1433     conduct an investigation involving an occurrence specified in Subsection (3)(a).
1434          (4) Upon request, the department shall provide copies of investigative reports of
1435     criminal conduct to the sheriff or other appropriate law enforcement agencies.
1436          [(5) The Department of Corrections shall collect accounts receivable ordered by the
1437     district court as a result of prosecution for a criminal offense according to the requirements and
1438     during the time periods established in Subsection 77-18-1(9).]
1439          (5) (a) As used in this Subsection (5):
1440          (i) "Accounts receivable" means any amount owed by an offender arising from a
1441     criminal judgment that has not been paid.
1442          (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
1443     surcharges, costs, interest, penalties, restitution to victims, third-party claims, claims,
1444     reimbursement of a reward, and damages that an offender is ordered to pay.
1445          (b) The department shall collect and disburse, with any interest and any other costs
1446     assessed under Section 64-13-21, an accounts receivable for an offender during:
1447          (i) the parole period and any extension of that period in accordance with Subsection
1448     (5)(c); and
1449          (ii) the probation period for which the court orders supervised probation and any
1450     extension of that period by the department in accordance with Subsection 77-18-105(7).
1451          (c) (i) If an offender has unpaid balance of the offender's accounts receivable at the

1452     time that the offender's sentence expires or terminates, the department shall be referred to the
1453     sentencing court for the sentencing court to enter a civil judgment of restitution and a civil
1454     accounts receivable as described in Section 77-18-114.
1455          (ii) If the board makes an order for restitution within 60 days from the day on which
1456     the offender's sentence expires or terminates, the board shall refer the order for restitution to
1457     the sentencing court to be entered as a civil judgment of restitution as described in Section
1458     77-18-114.
1459          (d) This Subsection (5) only applies to offenders sentenced before July 1, 2021.
1460          Section 21. Section 64-13-21 is amended to read:
1461          64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
1462     -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
1463     fee.
1464          (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
1465     offenders placed in the community on probation by the courts, on parole by the Board of
1466     Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
1467     Compact for the Supervision of Parolees and Probationers.
1468          (b) The department shall establish standards for the supervision of offenders in
1469     accordance with sentencing guidelines and supervision length guidelines, including the
1470     graduated sanctions matrix, established by the Utah Sentencing Commission, giving priority,
1471     based on available resources, to felony offenders and offenders sentenced pursuant to
1472     Subsection 58-37-8(2)(b)(ii).
1473          (2) The department shall apply graduated sanctions established by the Utah Sentencing
1474     Commission to facilitate a prompt and appropriate response to an individual's violation of the
1475     terms of probation or parole, including:
1476          (a) sanctions to be used in response to a violation of the terms of probation or parole;
1477     and
1478          (b) requesting approval from the court or Board of Pardons and Parole to impose a
1479     sanction for an individual's violation of the terms of probation or parole, for a period of
1480     incarceration of not more than three consecutive days and not more than a total of five days
1481     within a period of 30 days.
1482          (3) The department shall implement a program of graduated incentives as established

1483     by the Utah Sentencing Commission to facilitate the department's prompt and appropriate
1484     response to an offender's:
1485          (a) compliance with the terms of probation or parole; or
1486          (b) positive conduct that exceeds those terms.
1487          (4) (a) The department shall, in collaboration with the Commission on Criminal and
1488     Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards and
1489     procedures for the collection of information, including cost savings related to recidivism
1490     reduction and the reduction in the number of inmates, related to the use of the graduated
1491     sanctions and incentives, and offenders' outcomes.
1492          (b) The collected information shall be provided to the Commission on Criminal and
1493     Juvenile Justice not less frequently than annually on or before August 31.
1494          (5) Employees of the department who are POST certified as law enforcement officers
1495     or correctional officers and who are designated as parole and probation officers by the
1496     executive director have the following duties:
1497          (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
1498     with the conditions of the parole or probation agreement;
1499          (b) investigating or apprehending any offender who has escaped from the custody of
1500     the department or absconded from supervision;
1501          (c) supervising any offender during transportation; or
1502          (d) collecting DNA specimens when the specimens are required under Section
1503     53-10-404.
1504          (6) (a) A monthly supervision fee of $30 shall be collected from each offender on
1505     probation or parole. The fee may be suspended or waived by the department upon a showing
1506     by the offender that imposition would create a substantial hardship or if the offender owes
1507     restitution to a victim.
1508          (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
1509     Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
1510     supervision fee and the circumstances under which an offender may request a hearing.
1511          (ii) In determining whether the imposition of the supervision fee would constitute a
1512     substantial hardship, the department shall consider the financial resources of the offender and
1513     the burden that the fee would impose, with regard to the offender's other obligations.

1514          (7) (a) For offenders placed on probation under Section [77-18-1] 77-18-105 or parole
1515     under Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019, the
1516     department shall establish a program allowing an offender to earn credits for the offender's
1517     compliance with the terms of the offender's probation or parole, which shall be applied to
1518     reducing the period of probation or parole as provided in this Subsection (7).
1519          (b) The program shall provide that an offender earns a reduction credit of 30 days from
1520     the offender's period of probation or parole for each month the offender completes without any
1521     violation of the terms of the offender's probation or parole agreement, including the case action
1522     plan.
1523          (c) The department shall maintain a record of credits earned by an offender under this
1524     Subsection (7) and shall request from the court or the Board of Pardons and Parole the
1525     termination of probation or parole not fewer than 30 days prior to the termination date that
1526     reflects the credits earned under this Subsection (7).
1527          (d) This Subsection (7) does not prohibit the department from requesting a termination
1528     date earlier than the termination date established by earned credits under Subsection (7)(c).
1529          (e) The court or the Board of Pardons and Parole shall terminate an offender's
1530     probation or parole upon completion of the period of probation or parole accrued by time
1531     served and credits earned under this Subsection (7) unless the court or the Board of Pardons
1532     and Parole finds that termination would interrupt the completion of a necessary treatment
1533     program, in which case the termination of probation or parole shall occur when the treatment
1534     program is completed.
1535          (f) The department shall report annually to the Commission on Criminal and Juvenile
1536     Justice on or before August 31:
1537          (i) the number of offenders who have earned probation or parole credits under this
1538     Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
1539     offenders on probation or parole during that time that this number represents;
1540          (ii) the average number of credits earned by those offenders who earned credits;
1541          (iii) the number of offenders who earned credits by county of residence while on
1542     probation or parole;
1543          (iv) the cost savings associated with sentencing reform programs and practices; and
1544          (v) a description of how the savings will be invested in treatment and

1545     early-intervention programs and practices at the county and state levels.
1546          Section 22. Section 64-13-23 is amended to read:
1547          64-13-23. Offender's income and finances.
1548          (1) The department may require each offender, while in the custody of the department
1549     or while on probation or parole, to place funds received or earned by [him] the offender from
1550     any source into:
1551          (a) an account administered by the department; or [into]
1552          (b) a joint account with the department at a federally insured financial institution.
1553          [(1)] (2) The department may require each offender to maintain a minimum balance in
1554     [either or both accounts] an account under Subsection (1) for the particular offender's use upon:
1555          (a) discharge from the custody of the department; or [upon]
1556          (b) completion of parole or probation.
1557          [(2)] (3) If the funds are placed in a joint account at a federally insured financial
1558     institution:
1559          (a) any interest accrues to the benefit of the offender account; and
1560          (b) the department may require that the signatures of both the offender and a
1561     departmental representative be submitted to the financial institution to withdraw funds from the
1562     account.
1563          [(3)] (4) If the funds are placed in an account administered by the department, the
1564     department may by rule designate:
1565          (a) a certain portion of the offender's funds as interest-bearing savings[,]; and [another]
1566          (b) a portion of the offender's funds as noninterest-bearing to be used for day-to-day
1567     expenses.
1568          [(4)] (5) The department may withhold part of the offender's funds in [either account]
1569     an account under Subsection (1) for expenses of:
1570          (a) [incarceration, supervision,] supervision or treatment;
1571          (b) [court-ordered] restitution, reparation, fines, alimony, support payments, or similar
1572     court-ordered payments;
1573          (c) obtaining the offender's DNA specimen, if the offender is required under Section
1574     53-10-404 to provide a specimen;
1575          (d) department-ordered [restitution] repayment of a fine that is incurred under Section

1576     64-13-33; and
1577          (e) any other debt to the state.
1578          [(5)] (6) (a) [Offenders] An offender may not be granted free process in civil actions,
1579     including petitions for a writ of habeas corpus, if, at any time from the date the cause of action
1580     arose through the date the cause of action remains pending, there are any funds in [either
1581     account which] an account under Subsection (1) that have not been withheld or are not subject
1582     to withholding under Subsection [(3) or (4)] (4) or (5).
1583          (b) The amount assessed for the filing fee, service of process and other fees and costs
1584     shall not exceed the total amount of funds the offender has in excess of the indigence threshold
1585     established by the department but not less than $25 including the withholdings under
1586     Subsection [(3) or (4)] (4) or (5) during the identified period of time.
1587          (c) The amounts assessed shall not exceed the regular fees and costs provided by law.
1588          [(6)] (7) The department may disclose information on offender accounts to the Office
1589     of Recovery Services and other appropriate state agencies.
1590          Section 23. Section 64-13-33 is amended to read:
1591          64-13-33. Fines for violation of department rules -- Debt collection.
1592          (1) (a) Following an administrative hearing, the department is authorized to:
1593          (i) assess a reasonable fine against the offender for expenses incurred by the
1594     department as a result of the offender's violation of department rules; and
1595          (ii) require [restitution] repayment from [an offender for expenses incurred by the
1596     department as a result of the offender's violation of department rules.] the offender for the fine
1597     under Subsection (1)(a)(i).
1598          (b) The department is authorized to require payment from the offender's account or to
1599     place a hold on [it] the offender's account to secure compliance with this section.
1600          (2) The department shall turn over to the Office of State Debt Collection any debt
1601     under this section that is unpaid at the time that the offender is released from parole.
1602          Section 24. Section 64-13e-102 is amended to read:
1603          64-13e-102. Definitions.
1604          As used in this chapter:
1605          (1) "Actual county daily incarceration rate" means the median amount of jail daily
1606     incarceration costs based on the data submitted by counties in accordance with Section

1607     64-13e-104(6)(b).
1608          (2) "Actual state daily incarceration rate" means the average daily incarceration rate,
1609     calculated by the department based on the previous three fiscal years, that reflects the following
1610     expenses incurred by the department for housing an inmate:
1611          (a) executive overhead;
1612          (b) administrative overhead;
1613          (c) transportation overhead;
1614          (d) division overhead; and
1615          (e) motor pool expenses.
1616          (3) "Alternative treatment" means:
1617          (a) evidence-based cognitive behavioral therapy; or
1618          (b) a certificate-based program provided by a Utah technical college, as defined in
1619     Section 53B-26-102.
1620          (4) "Annual inmate jail days" means the total number of state probationary inmates
1621     housed in a county jail each day for the preceding fiscal year.
1622          (5) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created in
1623     Section 63M-7-201.
1624          (6) "Department" means the Department of Corrections.
1625          (7) "Division of Finance" means the Division of Finance, created in Section
1626     63A-3-101.
1627          (8) "Final county daily incarceration rate" means the amount equal to:
1628          (a) the amount appropriated by the Legislature for the purpose of making payments to
1629     counties under Section 64-13e-104; divided by
1630          (b) the average annual inmate jail days for the preceding five fiscal years.
1631          (9) "Jail daily incarceration costs" means the following daily costs incurred by a county
1632     jail for housing a state probationary inmate on behalf of the department:
1633          (a) executive overhead;
1634          (b) administrative overhead;
1635          (c) transportation overhead;
1636          (d) division overhead; and
1637          (e) motor pool expenses.

1638          (10) "State inmate" means an individual, other than a state probationary inmate or state
1639     parole inmate, who is committed to the custody of the department.
1640          (11) "State parole inmate" means an individual who is:
1641          (a) on parole, as defined in Section 77-27-1; and
1642          (b) housed in a county jail for a reason related to the individual's parole.
1643          (12) "State probationary inmate" means a felony probationer sentenced to time in a
1644     county jail under Subsection [77-18-1(8)] 77-18-105(6).
1645          (13) "Treatment program" means:
1646          (a) an alcohol treatment program;
1647          (b) a substance abuse treatment program;
1648          (c) a sex offender treatment program; or
1649          (d) an alternative treatment program.
1650          Section 25. Section 75-7-503 is amended to read:
1651          75-7-503. Exceptions to spendthrift provision.
1652          (1) As used in this section:
1653          (a) "Child" includes any person for whom an order or judgment for child support has
1654     been entered in this or another state.
1655          (b) "Civil accounts receivable" means the same as that term is defined in Section
1656     77-32b-102.
1657          (c) "Civil restitution of judgment" means the same as that term is defined in Section
1658     77-32b-102.
1659          [(b)] (d) "Restitution" means the same as that term is defined in Section [77-38a-102]
1660     77-38b-102.
1661          [(c)] (e) "Victim" means the same as that term is defined in Section [77-38a-102]
1662     77-38b-102.
1663          (2) Even if a trust contains a spendthrift provision, the following persons may obtain
1664     [from a court an order attaching] an order from a court that attaches present or future
1665     distributions to the beneficiary:
1666          (a) a beneficiary's child who has a judgment or court order against the beneficiary for
1667     support or maintenance;
1668          (b) a judgment creditor who has provided services for the protection of a beneficiary's

1669     interest in the trust; [or]
1670          (c) a victim who has a judgment requiring the beneficiary to pay restitution in
1671     accordance with Title 77, [Chapter 38a,] Chapter 38b, Crime Victims Restitution Act, or
1672     similar provision in another state[.]; or
1673          (d) the Office of State Debt Collection, created in Section 63A-3-502, for collecting
1674     payment on a civil accounts receivable or a civil judgment of restitution.
1675          (3) A spendthrift provision is unenforceable against a claim of this state or the United
1676     States to the extent a statute of this state or federal law so provides.
1677          Section 26. Section 76-2-404 is amended to read:
1678          76-2-404. Peace officer's use of deadly force.
1679          (1) A peace officer, or any person acting by the officer's command in providing aid and
1680     assistance, is justified in using deadly force when:
1681          (a) the officer is acting in obedience to and in accordance with the judgment of a
1682     competent court in executing a penalty of death under Subsection [77-18-5.5] 77-18-113(2),
1683     (3), or (4);
1684          (b) effecting an arrest or preventing an escape from custody following an arrest, where
1685     the officer reasonably believes that deadly force is necessary to prevent the arrest from being
1686     defeated by escape; and
1687          (i) the officer has probable cause to believe that the suspect has committed a felony
1688     offense involving the infliction or threatened infliction of death or serious bodily injury; or
1689          (ii) the officer has probable cause to believe the suspect poses a threat of death or
1690     serious bodily injury to the officer or to others if apprehension is delayed; or
1691          (c) the officer reasonably believes that the use of deadly force is necessary to prevent
1692     death or serious bodily injury to the officer or another person.
1693          (2) If feasible, a verbal warning should be given by the officer prior to any use of
1694     deadly force under Subsection (1)(b) or (1)(c).
1695          Section 27. Section 76-3-201 is repealed and reenacted to read:
1696          76-3-201. Sentences or combination of sentences allowed -- Restitution and other
1697     costs -- Civil penalties.
1698          (1) As used in this section:
1699          (a) (i) "Convicted" means:

1700          (A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a
1701     mental illness; or
1702          (B) having received a judgment of guilty or a judgment of guilty with a mental illness.
1703          (ii) "Convicted" does not include an adjudication of an offense under Section
1704     78A-6-117.
1705          (b) "Restitution" means the same as that term is defined in Section 77-38b-102.
1706          (2) Within the limits provided by this chapter, a court may sentence an individual
1707     convicted of an offense to any one of the following sentences, or combination of the following
1708     sentences:
1709          (a) to pay a fine;
1710          (b) to removal or disqualification from public or private office;
1711          (c) except as otherwise provided by law, to probation in accordance with Section
1712     77-18-105;
1713          (d) to imprisonment;
1714          (e) on or after April 27, 1992, to life in prison without parole; or
1715          (f) to death.
1716          (3) (a) This chapter does not deprive a court of authority conferred by law:
1717          (i) to forfeit property;
1718          (ii) to dissolve a corporation;
1719          (iii) to suspend or cancel a license;
1720          (iv) to permit removal of an individual from office;
1721          (v) to cite for contempt; or
1722          (vi) to impose any other civil penalty.
1723          (b) A court may include a civil penalty in a sentence.
1724          (4) In addition to any other sentence that a sentencing court may impose, the court shall
1725     order an individual to:
1726          (a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victim Restitution
1727     Act;
1728          (b) subject to Subsection (5) and Section 77-32b-104, pay the cost of any government
1729     transportation if the individual was:
1730          (i) transported, in accordance with a court order, from one county to another county

1731     within the state;
1732          (ii) charged with a felony or a misdemeanor; and
1733          (iii) convicted of an offense;
1734          (c) subject to Section 77-32b-104, pay the cost expended by an appropriate
1735     governmental entity under Section 77-30-24 for the extradition of the individual if the
1736     individual:
1737          (i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve
1738     pending criminal charges; and
1739          (ii) is convicted of an offense in the county for which the individual is returned;
1740          (d) subject to Subsection (6) and Subsections 77-32b-104(2), (3), and (4), pay the cost
1741     of medical care, treatment, hospitalization, and related transportation, as described in Section
1742     17-50-319, that is provided by a county to the individual while the individual is in a county
1743     correctional facility before and after sentencing if:
1744          (i) the individual is convicted of an offense that results in incarceration in the county
1745     correctional facility; and
1746          (ii) (A) the individual is not a state prisoner housed in the county correctional facility
1747     through a contract with the Department of Corrections; or
1748          (B) the reimbursement does not duplicate the reimbursement under Section 64-13e-104
1749     if the individual is a state probationary inmate or a state parole inmate; and
1750          (e) pay any other cost that the court determines is appropriate under Section
1751     77-32b-104.
1752          (5) (a) The court may not order an individual to pay the costs of government
1753     transportation under Subsection (4)(b) if:
1754          (i) the individual is charged with an infraction or a warrant is issued for an infraction
1755     on a subsequent failure to appear; or
1756          (ii) the individual was not transported in accordance with a court order.
1757          (b) (i) The cost of governmental transportation under Subsection (4)(b) shall be
1758     calculated according to the following schedule:
1759          (A) $100 for up to 100 miles that an individual is transported;
1760          (B) $200 for 100 miles to 200 miles that an individual is transported; and
1761          (C) $350 for 200 miles or more that an individual is transported.

1762          (ii) The schedule under Subsection (5)(b)(i) applies to each individual transported
1763     regardless of the number of individuals transported in a single trip.
1764          (6) The cost of medical care under Subsection (4)(d) does not include expenses
1765     incurred by the county correctional facility in providing reasonable accommodation for an
1766     inmate qualifying as an individual with a disability as defined and covered by the Americans
1767     with Disabilities Act, 42 U.S.C. 12101 through 12213, including medical and mental health
1768     treatment for the inmate's disability.
1769          Section 28. Section 76-3-208 is amended to read:
1770          76-3-208. Imprisonment -- Custodial authorities.
1771          (1) Persons sentenced to imprisonment shall be committed to the following custodial
1772     authorities:
1773          (a) felony commitments shall be to the Utah State Prison;
1774          (b) (i) notwithstanding Section 76-3-204, class A misdemeanor commitments shall be
1775     to the jail, or other facility designated by the town, city, or county where the defendant was
1776     convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at
1777     the commencement of the class A misdemeanor conviction, in which case, the class A
1778     misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to
1779     exceed one year with a credit for one day; and
1780          (ii) the court may not order the imprisonment of a defendant to the Utah State Prison
1781     for a fixed term or other term that is inconsistent with this section and Section [77-18-4]
1782     77-18-111; and
1783          (c) all other misdemeanor commitments shall be to the jail or other facility designated
1784     by the town, city or county where the defendant was convicted.
1785          (2) [Custodial authorities] A custodial authority may place a prisoner in a facility other
1786     than the one to which the prisoner was committed when:
1787          (a) [it] the custodial authority does not have space to accommodate the prisoner; or
1788          (b) the security of the institution or [inmate requires it.] prisoner requires the prisoner
1789     to be placed in a facility other than the one to which the prisoner was committed.
1790          Section 29. Section 76-3-301.5 is amended to read:
1791          76-3-301.5. Uniform fine schedule -- Judicial Council.
1792          (1) The Judicial Council shall establish a uniform recommended fine schedule for each

1793     offense under Subsection 76-3-301(1).
1794          (a) The fine for each offense shall proportionally reflect the seriousness of the offense
1795     and other factors as determined in writing by the Judicial Council.
1796          (b) The schedule shall be reviewed annually by the Judicial Council.
1797          (c) The fines shall be collected [under Section 77-18-1.] as part of a criminal accounts
1798     receivable, as defined in Section 77-32b-102, that is established under Section 77-32b-103.
1799          (2) The schedule shall incorporate:
1800          (a) criteria for determining aggravating and mitigating circumstances; and
1801          (b) guidelines for enhancement or reduction of the fine, based on aggravating or
1802     mitigating circumstances.
1803          (3) Presentence investigation reports shall include documentation of aggravating and
1804     mitigating circumstances as determined under the criteria, and a recommended fine under the
1805     schedule.
1806          (4) The Judicial Council shall also establish a separate uniform recommended fine
1807     schedule for the juvenile court and by rule provide for its implementation.
1808          (5) This section does not prohibit the court from in its discretion imposing no fine, or a
1809     fine in any amount up to and including the maximum fine, for the offense.
1810          Section 30. Section 76-3-406 is amended to read:
1811          76-3-406. Crimes for which probation, suspension of sentence, lower category of
1812     offense, or hospitalization may not be granted.
1813          (1) Notwithstanding Sections 76-3-201 and [77-18-1] 77-18-105 and Title 77, Chapter
1814     16a, Commitment and Treatment of Persons with a Mental Illness, except as provided in
1815     Section 76-5-406.5, probation may not be granted, the execution or imposition of sentence may
1816     not be suspended, the court may not enter a judgment for a lower category of offense, and
1817     hospitalization may not be ordered, the effect of which would in any way shorten the prison
1818     sentence for an individual who commits a capital felony or a first degree felony involving:
1819          (a) Section 76-5-202, aggravated murder;
1820          (b) Section 76-5-203, murder;
1821          (c) Section 76-5-301.1, child kidnaping;
1822          (d) Section 76-5-302, aggravated kidnaping;
1823          (e) Section 76-5-402, rape, if the individual is sentenced under Subsection

1824     76-5-402(3)(b), (3)(c), or (4);
1825          (f) Section 76-5-402.1, rape of a child;
1826          (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
1827     76-5-402.2(1)(b), (1)(c), or (2);
1828          (h) Section 76-5-402.3, object rape of a child;
1829          (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
1830     76-5-403(3)(b), (3)(c), or (4);
1831          (j) Section 76-5-403.1, sodomy on a child;
1832          (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
1833     Subsection 76-5-404(2)(b) or (3);
1834          (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
1835          (m) Section 76-5-405, aggravated sexual assault; or
1836          (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
1837          (2) Except for an offense before the district court in accordance with Section
1838     78A-6-703.2 or 78A-6-703.5, the provisions of this section do not apply if the sentencing court
1839     finds that the defendant:
1840          (a) was under 18 years old at the time of the offense; and
1841          (b) could have been adjudicated in the juvenile court but for the delayed reporting or
1842     delayed filing of the information.
1843          Section 31. Section 76-6-107.1 is amended to read:
1844          76-6-107.1. Compensatory service -- Graffiti penalties.
1845          (1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for
1846     [its use] the use of graffiti, the court may, as a condition of probation under Subsection
1847     [77-18-1(8)] 77-18-105(6), order the offender to clean up graffiti of [his own] the offender and
1848     any other at a time and place within the jurisdiction of the court.
1849          (a) For a first conviction or adjudication, the court may require the offender to clean up
1850     graffiti for not less than eight hours.
1851          (b) For a second conviction or adjudication, the court may require the offender to clean
1852     up graffiti for not less than 16 hours.
1853          (c) For a third conviction or adjudication, the court may require the offender to clean
1854     up graffiti for not less than 24 hours.

1855          (2) The offender convicted under Section 76-6-106, 76-6-206, or 76-6-107 shall be
1856     responsible for removal costs as determined under Section 76-6-107, unless waived by the
1857     court for good cause.
1858          (3) The court may also require the offender to perform other alternative forms of
1859     restitution or repair to the damaged property [pursuant to Subsection 77-18-1(8).] in
1860     accordance with Subsection 77-18-105(6).
1861          Section 32. Section 76-6-111 is amended to read:
1862          76-6-111. Wanton destruction of livestock -- Penalties -- Restitution criteria --
1863     Seizure and disposition of property.
1864          (1) As used in this section:
1865          (a) "Law enforcement officer" means the same as that term is defined in Section
1866     53-13-103.
1867          (b) "Livestock" means a domestic animal or fur bearer raised or kept for profit,
1868     including:
1869          (i) cattle;
1870          (ii) sheep;
1871          (iii) goats;
1872          (iv) swine;
1873          (v) horses;
1874          (vi) mules;
1875          (vii) poultry; and
1876          (viii) domesticated elk as defined in Section 4-39-102.
1877          (2) Unless authorized by Section 4-25-201, 4-25-202, 4-25-401, 4-39-401, or 18-1-3, a
1878     person is guilty of wanton destruction of livestock if that person:
1879          (a) injures, physically alters, releases, or causes the death of livestock; and
1880          (b) does so:
1881          (i) intentionally or knowingly; and
1882          (ii) without the permission of the owner of the livestock.
1883          (3) Wanton destruction of livestock is punishable as a:
1884          (a) class B misdemeanor if the aggregate value of the livestock is $500 or less;
1885          (b) class A misdemeanor if the aggregate value of the livestock is more than $500, but

1886     does not exceed $1,500;
1887          (c) third degree felony if the aggregate value of the livestock is more than $1,500, but
1888     does not exceed $5,000; and
1889          (d) second degree felony if the aggregate value of the livestock is more than $5,000.
1890          (4) When a court orders a person who is convicted of wanton destruction of livestock
1891     to pay restitution under Title 77, Chapter [38a] 38b, Crime Victims Restitution Act, the court
1892     shall consider[, in addition to the restitution criteria in Section 77-38a-302, the restitution
1893     guidelines in Subsection (5) when setting the amount.] the restitution guidelines in Subsection
1894     (5) when setting the amount of restitution under Section 77-38b-205.
1895          (5) The minimum restitution value for cattle and sheep is the sum of the following,
1896     unless the court states on the record why it finds the sum to be inappropriate:
1897          (a) the fair market value of the animal, using as a guide the market information
1898     obtained from the Department of Agriculture and Food created under Section 4-2-102; and
1899          (b) 10 years times the average annual value of offspring, for which average annual
1900     value is determined using data obtained from the National Agricultural Statistics Service within
1901     the United States Department of Agriculture, for the most recent 10-year period available.
1902          (6) A material, device, or vehicle used in violation of Subsection (2) is subject to
1903     forfeiture under the procedures and substantive protections established in Title 24, Forfeiture
1904     and Disposition of Property Act.
1905          (7) A peace officer may seize a material, device, or vehicle used in violation of
1906     Subsection (2):
1907          (a) upon notice and service of process issued by a court having jurisdiction over the
1908     property; or
1909          (b) without notice and service of process if:
1910          (i) the seizure is incident to an arrest under:
1911          (A) a search warrant; or
1912          (B) an inspection under an administrative inspection warrant;
1913          (ii) the material, device, or vehicle has been the subject of a prior judgment in favor of
1914     the state in a criminal injunction or forfeiture proceeding under this section; or
1915          (iii) the peace officer has probable cause to believe that the property has been used in
1916     violation of Subsection (2).

1917          (8) (a) A material, device, or vehicle seized under this section is not repleviable but is
1918     in custody of the law enforcement agency making the seizure, subject only to the orders and
1919     decrees of a court or official having jurisdiction.
1920          (b) A peace officer who seizes a material, device, or vehicle under this section may:
1921          (i) place the property under seal;
1922          (ii) remove the property to a place designated by the warrant under which it was seized;
1923     or
1924          (iii) take custody of the property and remove it to an appropriate location for
1925     disposition in accordance with law.
1926          Section 33. Section 76-6-206.2 is amended to read:
1927          76-6-206.2. Criminal trespass on state park lands -- Penalties.
1928          (1) [For purposes of this section] As used in this section:
1929          (a) "Authorization" means specific written permission by, or contractual agreement
1930     with, the Division of Parks and Recreation.
1931          (b) "Criminal trespass" means the elements of the crime of criminal trespass, as set
1932     forth in Section 76-6-206.
1933          (c) "Division" means the Division of Parks and Recreation[,] created in Section
1934     79-4-201.
1935          (d) "State park lands" means all lands administered by the division.
1936          (2) A person is guilty of criminal trespass on state park lands and is liable for the civil
1937     damages prescribed in Subsection (5) if, under circumstances not amounting to a greater
1938     offense, and without authorization, the person:
1939          (a) constructs improvements or structures on state park lands;
1940          (b) uses or occupies state park lands for more than 30 days after the cancellation or
1941     expiration of authorization;
1942          (c) knowingly or intentionally uses state park lands for commercial gain;
1943          (d) intentionally or knowingly grazes livestock on state park lands, except as provided
1944     in Section 72-3-112; or
1945          (e) remains, after being ordered to leave by someone with actual authority to act for the
1946     division, or by a law enforcement officer.
1947          (3) A person is not guilty of criminal trespass if that person enters onto state park

1948     lands:
1949          (a) without first paying the required fee; and
1950          (b) for the sole purpose of pursuing recreational activity.
1951          (4) A violation of Subsection (2) is a class B misdemeanor.
1952          (5) In addition to [restitution, as provided in Section 76-3-201] an order for restitution
1953     under Section 77-38b-205, a person who commits any act described in Subsection (2) may also
1954     be liable for civil damages in the amount of three times the value of:
1955          (a) damages resulting from a violation of Subsection (2);
1956          (b) the water, mineral, vegetation, improvement, or structure on state park lands that is
1957     removed, destroyed, used, or consumed without authorization;
1958          (c) the historical, prehistorical, archaeological, or paleontological resource on state
1959     park lands that is removed, destroyed, used, or consumed without authorization; or
1960          (d) the consideration which would have been charged by the division for unauthorized
1961     use of the land and resources during the period of trespass.
1962          (6) Civil damages under Subsection (5) may be collected in a separate action by the
1963     division, and shall be deposited in the State Parks Fees Restricted Account as established in
1964     Section 79-4-402.
1965          Section 34. Section 76-6-206.3 is amended to read:
1966          76-6-206.3. Criminal trespass on agricultural land or range land.
1967          (1) As used in this section:
1968          (a) "Agricultural or range land" and "land" mean land as defined under Subsections
1969     (1)(d) and (e).
1970          (b) "Authorization" means specific written permission by, or contractual agreement
1971     with, the owner or manager of the property.
1972          (c) "Criminal trespass" means the elements of the crime of criminal trespass under
1973     Section 76-6-206.
1974          (d) "Land in agricultural use" has the same meaning as in Section 59-2-502.
1975          (e) "Range land" means privately owned land that is not fenced or divided into lots and
1976     that is generally unimproved. This land includes land used for livestock.
1977          (2) A person is guilty of the class B misdemeanor criminal offense of criminal trespass
1978     on agricultural or range land and is liable for the civil damages under Subsection (5) if, under

1979     circumstances not amounting to a greater offense, and without authorization or a right under
1980     state law, the person enters or remains on agricultural or range land regarding which notice
1981     prohibiting entry is given by:
1982          (a) personal communication to the person by the owner of the land, an employee of the
1983     owner, or a person with apparent authority to act for the owner;
1984          (b) fencing or other form of enclosure a reasonable person would recognize as intended
1985     to exclude intruders; or
1986          (c) posted signs or markers that would reasonably be expected to be seen by persons in
1987     the area of the borders of the land.
1988          (3) A person is guilty of the class B misdemeanor criminal offense of cutting,
1989     destroying, or rendering ineffective the fencing of agricultural or range land if the person
1990     willfully cuts, destroys, or renders ineffective any fencing as described under Subsection (2)(b).
1991          (4) In addition to [restitution, as provided in Section 76-3-201] an order for restitution
1992     under Section 77-38b-205, a person who commits any violation of Subsection (2) or (3) may
1993     also be liable for:
1994          (a) statutory damages in the amount of the value of damages resulting from the
1995     violation of Subsection (2) or $500, whichever is greater; and
1996          (b) reasonable attorney fees not to exceed $250, and court costs.
1997          (5) Civil damages under Subsection (4) may be collected in a separate action by the
1998     owner of the agricultural or range land or the owner's assignee.
1999          Section 35. Section 76-6-1102 is amended to read:
2000          76-6-1102. Identity fraud crime.
2001          (1) As used in this part[, "personal]:
2002          (a) "Personal identifying information" may include:
2003          [(a)] (i) name;
2004          [(b)] (ii) birth date;
2005          [(c)] (iii) address;
2006          [(d)] (iv) telephone number;
2007          [(e)] (v) drivers license number;
2008          [(f)] (vi) Social Security number;
2009          [(g)] (vii) place of employment;

2010          [(h)] (viii) employee identification numbers or other personal identification numbers;
2011          [(i)] (ix) mother's maiden name;
2012          [(j)] (x) electronic identification numbers;
2013          [(k)] (xi) electronic signatures under Title 46, Chapter 4, Uniform Electronic
2014     Transactions Act;
2015          [(l)] (xii) any other numbers or information that can be used to access a person's
2016     financial resources or medical information, except for numbers or information that can be
2017     prosecuted as financial transaction card offenses under Sections 76-6-506 through 76-6-506.6;
2018     or
2019          [(m)] (xiii) a photograph or any other realistic likeness.
2020          (b) "Restitution" means the same as that term is defined in Section 77-38b-102.
2021          (2) (a) A person is guilty of identity fraud when that person knowingly or intentionally
2022     uses, or attempts to use, the personal identifying information of another person, whether that
2023     person is alive or deceased, with fraudulent intent, including to obtain, or attempt to obtain,
2024     credit, goods, services, employment, any other thing of value, or medical information.
2025          (b) It is not a defense to a violation of Subsection (2)(a) that the person did not know
2026     that the personal information belonged to another person.
2027          (3) Identity fraud is:
2028          (a) except as provided in Subsection (3)(b)(ii), a third degree felony if the value of the
2029     credit, goods, services, employment, or any other thing of value is less than $5,000; or
2030          (b) a second degree felony if:
2031          (i) the value of the credit, goods, services, employment, or any other thing of value is
2032     or exceeds $5,000; or
2033          (ii) the use described in Subsection (2)(a) of personal identifying information results,
2034     directly or indirectly, in bodily injury to another person.
2035          (4) Multiple violations may be aggregated into a single offense, and the degree of the
2036     offense is determined by the total value of all credit, goods, services, or any other thing of
2037     value used, or attempted to be used, through the multiple violations.
2038          (5) When a defendant is convicted of a violation of this section, the court shall order
2039     the defendant to [make restitution to any victim of the offense or state on the record the reason
2040     the court does not find ordering restitution to be appropriate] pay restitution in accordance with

2041     Title 77, Chapter 38b, Crime Victims Restitution Act.
2042          (6) Restitution under Subsection (5) may include:
2043          (a) payment for any costs incurred, including attorney fees, lost wages, and
2044     replacement of checks; and
2045          (b) the value of the victim's time incurred due to the offense:
2046          (i) in clearing the victim's credit history or credit rating;
2047          (ii) in any civil or administrative proceedings necessary to satisfy or resolve any debt,
2048     lien, or other obligation of the victim or imputed to the victim and arising from the offense; and
2049          (iii) in attempting to remedy any other intended or actual harm to the victim incurred as
2050     a result of the offense.
2051          Section 36. Section 76-6-1105 is amended to read:
2052          76-6-1105. Unlawful possession of another's identification documents.
2053          (1) As used in this section:
2054          (a) (i) "Identifying document" means:
2055          (A) a government issued document commonly used for identification;
2056          (B) a vehicle registration certificate; or
2057          (C) any other document, image, data file, or medium containing personal identifying
2058     information as defined in Subsections 76-6-1102[(1)(b) through (m)] (1)(a)(ii) through (xiii).
2059          (ii) "Identifying document" includes:
2060          (A) a counterfeit identifying document; or
2061          (B) a document containing personal identifying information of a deceased individual.
2062          (b) "Possess" means to have physical control or electronic access.
2063          (2) (a) Under circumstances that do not constitute a violation of Section 76-6-1102 or
2064     Section 76-6-502, an individual is guilty of a class A misdemeanor if the individual:
2065          (i) obtains or possesses an identifying document:
2066          (A) with knowledge that the individual is not entitled to obtain or possess the
2067     identifying document; or
2068          (B) with intent to deceive or defraud; or
2069          (ii) assists another person in obtaining or possessing an identifying document:
2070          (A) with knowledge that the person is not entitled to obtain or possess the identifying
2071     document; or

2072          (B) with knowledge that the person intends to use the identifying document to deceive
2073     or defraud.
2074          (b) Under circumstances that do not constitute a violation of Section 76-6-1102, an
2075     individual is guilty of a third degree felony if the individual:
2076          (i) obtains or possesses identifying documents of more than two, but fewer than 100,
2077     individuals:
2078          (A) with knowledge that the individual is not entitled to obtain or possess the
2079     identifying documents; or
2080          (B) with intent to deceive or defraud; or
2081          (ii) assists another person in obtaining or possessing identifying documents of more
2082     than two, but fewer than 100, individuals:
2083          (A) with knowledge that the person is not entitled to obtain or possess the multiple
2084     identifying documents; or
2085          (B) with knowledge that the person intends to use the identifying documents to deceive
2086     or defraud.
2087          (c) Under circumstances that do not constitute a violation of Section 76-6-1102, an
2088     individual is guilty of a second degree felony if the individual:
2089          (i) obtains or possesses identifying documents of 100 or more individuals:
2090          (A) with knowledge that the individual is not entitled to obtain or possess the
2091     identifying documents; or
2092          (B) with intent to deceive or defraud; or
2093          (ii) assists another person in obtaining or possessing identifying documents of 100 or
2094     more individuals:
2095          (A) with knowledge that the person is not entitled to obtain or possess the identifying
2096     documents; or
2097          (B) with knowledge that the person intends to use the identifying documents to deceive
2098     or defraud.
2099          Section 37. Section 76-10-1204 is amended to read:
2100          76-10-1204. Distributing pornographic material -- Penalties -- Exemptions for
2101     Internet service providers and hosting companies.
2102          (1) A person is guilty of distributing pornographic material when the person

2103     knowingly:
2104          (a) sends or brings any pornographic material into the state with intent to distribute or
2105     exhibit it to others;
2106          (b) prepares, publishes, prints, or possesses any pornographic material with intent to
2107     distribute or exhibit it to others;
2108          (c) distributes or offers to distribute, or exhibits or offers to exhibit, any pornographic
2109     material to others;
2110          (d) writes, creates, or solicits the publication or advertising of pornographic material;
2111          (e) promotes the distribution or exhibition of material the person represents to be
2112     pornographic; or
2113          (f) presents or directs a pornographic performance in any public place or any place
2114     exposed to public view or participates in that portion of the performance which makes it
2115     pornographic.
2116          (2) Each distributing of pornographic material as defined in Subsection (1) is a separate
2117     offense.
2118          (3) It is a separate offense under this section for:
2119          (a) each day's exhibition of any pornographic motion picture film; and
2120          (b) each day in which any pornographic publication is displayed or exhibited in a
2121     public place with intent to distribute or exhibit it to others.
2122          (4) (a) An offense under this section committed by a person 18 years [of age] old or
2123     older is a third degree felony punishable by:
2124          (i) a minimum mandatory fine of not less than $1,000, plus $10 for each article
2125     exhibited up to the maximum allowed by law; and
2126          (ii) incarceration, without suspension of sentence in any way, for a term of not less than
2127     30 days.
2128          (b) An offense under this section committed by a person 16 or 17 years [of age] old is a
2129     class A misdemeanor.
2130          (c) An offense under this section committed by a person younger than 16 years [of age]
2131     old is a class B misdemeanor.
2132          (d) Subsection (4)(a) supersedes Section [77-18-1] 77-18-105.
2133          (5) A person 18 years [of age] old or older who knowingly solicits, requests,

2134     commands, encourages, or intentionally aids another person younger than 18 years [of age] old
2135     to engage in conduct prohibited under Subsection (1), (2), or (3) is guilty of a third degree
2136     felony and is subject to the penalties under Subsection (4)(a).
2137          (6) (a) This section does not apply to an Internet service provider, as defined in Section
2138     76-10-1230, if:
2139          (i) the distribution of pornographic material by the Internet service provider occurs
2140     only incidentally through the Internet service provider's function of:
2141          (A) transmitting or routing data from one person to another person; or
2142          (B) providing a connection between one person and another person;
2143          (ii) the Internet service provider does not intentionally aid or abet in the distribution of
2144     the pornographic material; and
2145          (iii) the Internet service provider does not knowingly receive funds from or through a
2146     person who distributes the pornographic material in exchange for permitting the person to
2147     distribute the pornographic material.
2148          (b) This section does not apply to a hosting company, as defined in Section
2149     76-10-1230, if:
2150          (i) the distribution of pornographic material by the hosting company occurs only
2151     incidentally through the hosting company's function of providing data storage space or data
2152     caching to a person;
2153          (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
2154     of the pornographic material; and
2155          (iii) the hosting company does not knowingly receive funds from or through a person
2156     who distributes the pornographic material in exchange for permitting the person to distribute,
2157     store, or cache the pornographic material.
2158          Section 38. Section 76-10-1205 is amended to read:
2159          76-10-1205. Inducing acceptance of pornographic material -- Exemptions for
2160     Internet service providers and hosting companies.
2161          (1) A person is guilty of inducing acceptance of pornographic material when he
2162     knowingly:
2163          (a) requires or demands as a condition to a sale, allocation, consignment, or delivery
2164     for resale of any newspaper, magazine, periodical, book, publication, or other merchandise that

2165     the purchaser or consignee receive any pornographic material or material reasonably believed
2166     by the purchaser or consignee to be pornographic; or
2167          (b) denies, revokes, or threatens to deny or revoke a franchise, or to impose any
2168     penalty, financial or otherwise, because of the failure or refusal to accept pornographic material
2169     or material reasonably believed by the purchaser or consignee to be pornographic.
2170          (2) (a) An offense under this section is a third degree felony punishable by:
2171          (i) a minimum mandatory fine of not less than $1,000 plus $10 for each article
2172     exhibited up to the maximum allowed by law; and
2173          (ii) incarceration, without suspension of sentence in any way, for a term of not less than
2174     30 days.
2175          (b) This Subsection (2) supersedes Section [77-18-1] 77-18-105.
2176          (3) (a) This section does not apply to an Internet service provider, as defined in Section
2177     76-10-1230, if:
2178          (i) the distribution of pornographic material by the Internet service provider occurs
2179     only incidentally through the Internet service provider's function of:
2180          (A) transmitting or routing data from one person to another person; or
2181          (B) providing a connection between one person and another person;
2182          (ii) the Internet service provider does not intentionally aid or abet in the distribution of
2183     the pornographic material; and
2184          (iii) the Internet service provider does not knowingly receive funds from or through a
2185     person who distributes the pornographic material in exchange for permitting the person to
2186     distribute the pornographic material.
2187          (b) This section does not apply to a hosting company, as defined in Section
2188     76-10-1230, if:
2189          (i) the distribution of pornographic material by the hosting company occurs only
2190     incidentally through the hosting company's function of providing data storage space or data
2191     caching to a person;
2192          (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
2193     of the pornographic material; and
2194          (iii) the hosting company does not knowingly receive funds from or through a person
2195     who distributes the pornographic material in exchange for permitting the person to distribute,

2196     store, or cache the pornographic material.
2197          Section 39. Section 76-10-1206 is amended to read:
2198          76-10-1206. Dealing in material harmful to a minor -- Penalties -- Exemptions for
2199     Internet service providers and hosting companies.
2200          (1) A person is guilty of dealing in material harmful to minors when, knowing or
2201     believing that an individual is a minor, or having negligently failed to determine the proper age
2202     of a minor, the person intentionally:
2203          (a) distributes or offers to distribute, or exhibits or offers to exhibit, to a minor or an
2204     individual whom the person believes to be a minor, any material harmful to minors;
2205          (b) produces, performs, or directs any performance, before a minor or an individual
2206     whom the person believes to be a minor, that is harmful to minors; or
2207          (c) participates in any performance, before a minor or an individual whom the person
2208     believes to be a minor, that is harmful to minors.
2209          (2) (a) Except as provided in Subsection (2)(b), each separate offense under this section
2210     committed by a person 18 years [of age] old or older is a third degree felony punishable by:
2211          (i) a minimum mandatory fine of not less than $1,000, plus $10 for each article
2212     exhibited up to the maximum allowed by law; and
2213          (ii) incarceration, without suspension of sentence, for a term of not less than 14 days.
2214          (b) Each separate offense under this section committed by a person 18 years [of age]
2215     old or older against a minor 16 years [of age] old or older, but younger than 18 years [of age]
2216     old, is a class A misdemeanor if the person is less than seven years older than the minor at the
2217     time of the offense.
2218          (c) Each separate offense under this section committed by a person 16 or 17 years [of
2219     age] old is a class A misdemeanor.
2220          (d) Each separate offense under this section committed by a person younger than 16
2221     years [of age] old is a class B misdemeanor.
2222          (e) Subsection (2)(a) supersedes Section [77-18-1] 77-18-105.
2223          (3) (a) Except for a defendant described in Subsection (2)(b), if a defendant 18 years [of
2224     age] old or older has been previously convicted or adjudicated [to be under the jurisdiction of]
2225     by the juvenile court under this section, each separate subsequent offense is a second degree
2226     felony punishable by:

2227          (i) a minimum mandatory fine of not less than $5,000, plus $10 for each article
2228     exhibited up to the maximum allowed by law; and
2229          (ii) incarceration, without suspension of sentence, for a term of not less than one year.
2230          (b) If a defendant described in Subsection (2)(b) or a defendant younger than 18 years
2231     [of age] old has been previously convicted or adjudicated [to be under the jurisdiction of] by
2232     the juvenile court under this section, each separate subsequent offense is a third degree felony.
2233          (c) Subsection (3)(a) supersedes Section [77-18-1] 77-18-105.
2234          (d) (i) This section does not apply to an Internet service provider, as defined in Section
2235     76-10-1230, a provider of an electronic communications service as defined in 18 U.S.C. Sec.
2236     2510, a telecommunications service, information service, or mobile service as defined in 47
2237     U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or
2238     a cable operator as defined in 47 U.S.C. Sec. 522, if:
2239          (A) the distribution of pornographic material by the Internet service provider occurs
2240     only incidentally through the provider's function of:
2241          (I) transmitting or routing data from one person to another person; or
2242          (II) providing a connection between one person and another person;
2243          (B) the provider does not intentionally aid or abet in the distribution of the
2244     pornographic material; and
2245          (C) the provider does not knowingly receive from or through a person who distributes
2246     the pornographic material a fee greater than the fee generally charged by the provider, as a
2247     specific condition for permitting the person to distribute the pornographic material.
2248          (ii) This section does not apply to a hosting company, as defined in Section
2249     76-10-1230, if:
2250          (A) the distribution of pornographic material by the hosting company occurs only
2251     incidentally through the hosting company's function of providing data storage space or data
2252     caching to a person;
2253          (B) the hosting company does not intentionally engage, aid, or abet in the distribution
2254     of the pornographic material; and
2255          (C) the hosting company does not knowingly receive from or through a person who
2256     distributes the pornographic material a fee greater than the fee generally charged by the
2257     provider, as a specific condition for permitting the person to distribute, store, or cache the

2258     pornographic material.
2259          (4) A service provider, as defined in Section 76-10-1230, is not negligent under this
2260     section if the service provider complies with Section 76-10-1231.
2261          (5) A person 18 years [of age] old or older who knowingly solicits, requests,
2262     commands, encourages, or intentionally aids another person younger than 18 years [of age] old
2263     to engage in conduct in violation of Subsection (1) is guilty of a third degree felony and is
2264     subject to the penalties under Subsection (2)(a).
2265          Section 40. Section 76-10-1214 is amended to read:
2266          76-10-1214. Conspiracy an offense -- Punishment.
2267          (1) (a) A conspiracy of two or more persons to commit any offense proscribed by this
2268     part is a third degree felony punishable for each separate offense by a minimum mandatory
2269     fine of not less than $1,000 and by imprisonment, without suspension of sentence in any way,
2270     for a term of not less than 60 days.
2271          (b) This subsection supersedes Section [77-18-1] 77-18-105.
2272          (2) (a) If a defendant has already been convicted once under this section, each separate
2273     further offense is a second degree felony punishable by a minimum mandatory fine of not less
2274     than $5,000 and by imprisonment, without suspension of sentence in any way, for a term of not
2275     less than one year.
2276          (b) This subsection supersedes Section [77-18-1] 77-18-105.
2277          Section 41. Section 76-10-1228 is amended to read:
2278          76-10-1228. Indecent public displays -- Prohibitions -- Penalty.
2279          (1) Subject to the affirmative defense in Subsection 76-10-1208(3), a person is guilty
2280     of a class A misdemeanor who willfully or knowingly:
2281          (a) engages in the business of selling, lending, giving away, showing, advertising for
2282     sale, or distributing to a minor or has in the person's possession with intent to engage in that
2283     business or to otherwise offer for sale or commercial distribution to a minor any material with:
2284          (i) a description or depiction of illicit sex or sexual immorality; or
2285          (ii) a nude or partially denuded figure; or
2286          (b) publicly displays at newsstands or any other establishment frequented by minors, or
2287     where the minors are or may be invited as a part of the general public, any motion picture, or
2288     any live, taped, or recorded performance, or any still picture or photograph, or any book, pocket

2289     book, pamphlet, or magazine the cover or content of which:
2290          (i) exploits, is devoted to, or is principally made up of one or more descriptions or
2291     depictions of illicit sex or sexual immorality; or
2292          (ii) consists of one or more pictures of nude or partially denuded figures.
2293          (2) (a) A violation of this section is punishable by:
2294          (i) a minimum mandatory fine of not less than $500; and
2295          (ii) incarceration, without suspension of sentence in any way, for a term of not less than
2296     30 days.
2297          (b) This section supersedes Section [77-18-1] 77-18-105.
2298          Section 42. Section 77-1-3 is amended to read:
2299          77-1-3. Definitions.
2300          For the purpose of this act:
2301          (1) "Criminal action" means the proceedings by which a person is charged, accused,
2302     and brought to trial for a public offense.
2303          (2) "Indictment" means an accusation in writing presented by a grand jury to the
2304     district court charging a person with a public offense.
2305          (3) "Information" means an accusation, in writing, charging a person with a public
2306     offense which is presented, signed, and filed in the office of the clerk where the prosecution is
2307     commenced [pursuant to Section 77-2-1.1] in accordance with Section 77-2-2.2.
2308          (4) "Magistrate" means a justice or judge of a court of record or not of record or a
2309     commissioner of such a court appointed in accordance with Section 78A-5-107, except that the
2310     authority of a court commissioner to act as a magistrate shall be limited by rule of the judicial
2311     council. The judicial council rules shall not exceed constitutional limitations upon the
2312     delegation of judicial authority.
2313          (5) "Risk and needs assessment" means an actuarial tool validated on offenders that
2314     determines:
2315          (a) an individual's risk of reoffending; and
2316          (b) the criminal risk factors that, when addressed, reduce the individual's risk of
2317     reoffending.
2318          Section 43. Section 77-2-2 is amended to read:
2319          77-2-2. Definitions.

2320          [For the purpose of this chapter:]
2321          [(1) "Screening" means the process used by a prosecuting attorney to terminate
2322     investigative action, proceed with prosecution, move to dismiss a prosecution that has been
2323     commenced, or cause a prosecution to be diverted;]
2324          As used in this chapter:
2325          (1) "Commencement of prosecution" means the filing of an information or an
2326     indictment.
2327          (2) "Diversion" means suspending criminal proceedings [prior to] before conviction on
2328     the condition that a defendant agree to:
2329          (a) participate in a rehabilitation program [or make];
2330          (b) pay restitution to [the] a victim; or
2331          (c) fulfill some other condition[; and].
2332          [(3) "Commencement of prosecution" means the filing of an information or an
2333     indictment.]
2334          (3) "Restitution" means the same as that term is defined in Section 77-38b-102.
2335          (4) "Screening" means the process used by a prosecuting attorney to:
2336          (a) terminate an investigative action;
2337          (b) proceed with prosecution;
2338          (c) move to dismiss a prosecution that has been commenced; or
2339          (d) cause a prosecution to be diverted.
2340          Section 44. Section 77-2-2.1, which is renumbered from Section 77-2-1 is renumbered
2341     and amended to read:
2342          [77-2-1].      77-2-2.1. Authorization to file information.
2343          [Unless] Except as otherwise provided by law, no information may be filed charging the
2344     commission of any felony or class A misdemeanor unless authorized by a prosecuting attorney.
2345          Section 45. Section 77-2-2.2, which is renumbered from Section 77-2-1.1 is
2346     renumbered and amended to read:
2347          [77-2-1.1].      77-2-2.2. Signing and filing of information.
2348          (1) The prosecuting attorney shall sign all informations.
2349          (2) The prosecuting attorney may:
2350          [(1)] (a) sign the information in the presence of a magistrate; or

2351          [(2)] (b) present and file the information in the office of the clerk where the
2352     prosecution is commenced upon the signature of the prosecuting attorney.
2353          Section 46. Section 77-2-2.3, which is renumbered from Section 77-2-1.2 is
2354     renumbered and amended to read:
2355          [77-2-1.2].      77-2-2.3. Reducing the level of an offense.
2356          (1) Notwithstanding any other provision of law, a prosecuting attorney may:
2357          (a) present and file an information charging an individual for an offense under
2358     Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a
2359     classification of the offense at one degree lower than the classification that is provided in
2360     statute if the prosecuting attorney believes that the sentence would be disproportionate to the
2361     offense because there are special circumstances relating to the offense; or
2362          (b) subject to the approval of the court, amend an information, as part of a plea
2363     agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through
2364     (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one
2365     degree lower than the classification that is provided in statute.
2366          (2) A court may:
2367          (a) enter a judgment of conviction for an offense filed under Subsection (1) at one
2368     degree lower than classified in statute; and
2369          (b) impose a sentence for the offense filed under Subsection (1) at one degree lower
2370     than classified in statute.
2371          (3) A conviction of an offense at one degree lower than classified in statute under
2372     Subsection (2) does not affect the requirements for registration of the offense under Title 77,
2373     Chapter 41, Sex and Kidnap Offender Registry, or Title 77, Chapter 43, Child Abuse Offender
2374     Registry, if the elements of the offense for which the defendant is convicted are the same as the
2375     elements of an offense described in Section 77-41-102 or 77-43-102.
2376          (4) This section does not preclude an individual from obtaining and being granted an
2377     expungement for the individual's record in accordance with Title 77, Chapter 40, Utah
2378     Expungement Act.
2379          Section 47. Section 77-2-5 is amended to read:
2380          77-2-5. Diversion agreement -- Negotiation -- Contents.
2381          (1) At any time after the [filing of an information or indictment and prior to]

2382     commencement of prosecution and before conviction, the prosecuting attorney may, by written
2383     agreement with the defendant, filed with the court, and upon approval of the court, divert a
2384     defendant to a non-criminal diversion program.
2385          (2) A defendant shall be represented by counsel during negotiations for diversion and
2386     at the time of execution of any diversion agreement unless [he shall have] the defendant has
2387     knowingly and intelligently waived [his] the defendant's right to counsel.
2388          (3) The defendant has the right to be represented by counsel at any court hearing
2389     relating to a diversion program.
2390          (4) [Any] (a) A diversion agreement, entered into between [the prosecution and the
2391     defense] the prosecuting attorney and the defendant and approved by a magistrate, shall contain
2392     a full, detailed statement of the requirements agreed to by the defendant and the reasons for
2393     diversion.
2394          (b) The diversion agreement described in Subsection (4)(a) shall include an agreement,
2395     by the parties, for a specific amount of restitution that the defendant will pay, unless the
2396     prosecuting attorney certifies that:
2397          (i) the prosecuting attorney has consulted with all victims, including the Utah Office
2398     for Victims of Crime; and
2399          (ii) the defendant does not owe any restitution.
2400          (5) (a) If the court approves a diversion agreement that includes an agreement by the
2401     parties for the amount of restitution that the defendant will pay, the court shall order the
2402     defendant to pay restitution in accordance with the terms of the diversion agreement.
2403          (b) The court shall collect, receive, process, and distribute payments for restitution to
2404     the victim, unless otherwise provided by law or by the diversion agreement.
2405          (6) A decision by a prosecuting attorney not to divert a defendant is not subject to
2406     judicial review.
2407          [(5)] (7) Diversion programs longer than two years shall not be permitted.
2408          [(6)] (8) A diversion agreement shall not be approved unless the defendant, before a
2409     magistrate and in the agreement, knowingly and intelligently waives [his] the defendant's
2410     constitutional right to a speedy trial.
2411          Section 48. Section 77-2a-1 is amended to read:
2412          77-2a-1. Definitions.

2413          [For the purposes of this chapter:]
2414          As used in this chapter:
2415          (1) "Pecuniary damages" means the same as that term is defined in Section
2416     77-38b-102.
2417          [(1)] (2) "Plea in abeyance" means an order by a court, upon motion of the
2418     [prosecution] prosecuting attorney and the defendant, accepting a plea of guilty or of no contest
2419     from the defendant but not, at that time, entering judgment of conviction against [him] the
2420     defendant nor imposing sentence upon [him] the defendant on condition that [he] the defendant
2421     comply with specific conditions as set forth in a plea in abeyance agreement.
2422          [(2)] (3) "Plea in abeyance agreement" means an agreement entered into between the
2423     [prosecution] prosecuting attorney and the defendant setting forth the specific terms and
2424     conditions upon which, following acceptance of the agreement by the court, a plea may be held
2425     in abeyance.
2426          (4) "Restitution" means the same as that term is defined in Section 77-38b-102.
2427          Section 49. Section 77-2a-3 is amended to read:
2428          77-2a-3. Manner of entry of plea -- Powers of court.
2429          (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
2430     done in full compliance with [the provisions of Rule 11, Utah Rules of Criminal Procedure.]
2431     the Utah Rules of Criminal Procedure, Rule 11.
2432          (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
2433     agreement may be entered into without a personal appearance before a magistrate.
2434          (2) A plea in abeyance agreement may provide that the court may, upon finding that the
2435     defendant has successfully completed the terms of the agreement:
2436          (a) reduce the degree of the offense and enter judgment of conviction and impose
2437     sentence for a lower degree of offense; or
2438          (b) allow withdrawal of defendant's plea and order the dismissal of the case.
2439          (3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
2440     abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
2441     provided in the plea in abeyance agreement or as agreed to by all parties.
2442          (b) Upon sentencing a defendant for any lesser offense [pursuant to] in accordance with
2443     a plea in abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the

2444     degree of the offense.
2445          (4) The court may require the Department of Corrections to assist in the administration
2446     of the plea in abeyance agreement as if the defendant were on probation to the court under
2447     Section [77-18-1] 77-18-105.
2448          (5) The terms of a plea in abeyance agreement may include:
2449          (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
2450     surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
2451     the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a
2452     surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
2453     which may not exceed in amount the maximum fine and surcharge which could have been
2454     imposed upon conviction and sentencing for the same offense;
2455          [(b) an order that the defendant pay restitution to the victims of the defendant's actions
2456     as provided in Title 77, Chapter 38a, Crime Victims Restitution Act;]
2457          [(c)] (b) an order that the defendant pay the costs of any remedial or rehabilitative
2458     program required by the terms of the agreement; and
2459          [(d)] (c) an order that the defendant comply with any other conditions [which] that
2460     could have been imposed as conditions of probation upon conviction and sentencing for the
2461     same offense.
2462          (6) (a) The terms of a plea in abeyance shall include an order for a specific amount of
2463     restitution that the defendant will pay, as agreed to by the defendant and the prosecuting
2464     attorney, unless the prosecuting attorney certifies that:
2465          (i) the prosecuting attorney has consulted with all victims, including the Utah Office
2466     for Victims of Crime; and
2467          (ii) the defendant does not owe any restitution.
2468          (b) The court shall collect, receive, process, and distribute payments for restitution to
2469     the victim, unless otherwise provided by law or by the plea in abeyance agreement.
2470          (c) If the defendant does not successfully complete the terms of the plea in abeyance,
2471     the court shall enter an order for restitution, in accordance with Title 77, Chapter 38b, Crime
2472     Victims Restitution Act, upon entering a sentence for the defendant.
2473          [(6)] (7) (a) A court may not hold a plea in abeyance without the consent of both the
2474     prosecuting attorney and the defendant.

2475          (b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
2476          [(7)] (8) No plea may be held in abeyance in any case involving a sexual offense
2477     against a victim who is under [the age of 14.] 14 years old.
2478          [(8)] (9) Beginning on July 1, 2008, no plea may be held in abeyance in any case
2479     involving a driving under the influence violation under Section 41-6a-502.
2480          Section 50. Section 77-7-5 is amended to read:
2481          77-7-5. Issuance of summons or warrant -- Time and place arrests may be made
2482     -- Contents of warrant or summons -- Responsibility for transporting prisoners -- Court
2483     clerk to dispense costs for transportation.
2484          (1) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance
2485     of the accused only upon finding:
2486          (a) probable cause to believe that the person to be arrested has committed a public
2487     offense; and
2488          (b) under the Utah Rules of Criminal Procedure, and this section that a warrant is
2489     necessary to:
2490          (i) prevent risk of injury to a person or property;
2491          (ii) secure the appearance of the accused; or
2492          (iii) protect the public safety and welfare of the community or an individual.
2493          (2) If the offense charged is:
2494          (a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
2495          (b) a misdemeanor, the arrest upon a warrant can be made at night only if:
2496          (i) the magistrate has endorsed authorization to do so on the warrant;
2497          (ii) the person to be arrested is upon a public highway, in a public place, or in a place
2498     open to or accessible to the public; or
2499          (iii) the person to be arrested is encountered by a peace officer in the regular course of
2500     that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for
2501     arrest.
2502          (3) For the purpose of Subsection (1):
2503          (a) daytime hours are the hours of 6 a.m. to 10 p.m.; and
2504          (b) nighttime hours are the hours after 10 p.m. and before 6 a.m.
2505          (4) (a) If the magistrate determines that the accused must appear in court, the

2506     magistrate shall include in the arrest warrant the name of the law enforcement agency in the
2507     county or municipality with jurisdiction over the offense charged.
2508          (b) (i) The law enforcement agency identified by the magistrate under Subsection (4)(a)
2509     is responsible for providing inter-county transportation of the defendant, if necessary, from the
2510     arresting law enforcement agency to the court site.
2511          (ii) The law enforcement agency named on the warrant may contract with another law
2512     enforcement agency to have a defendant transported.
2513          (c) (i) The law enforcement agency identified by the magistrate under Subsection (4)(a)
2514     as responsible for transporting the defendant shall provide to the court clerk of the court in
2515     which the defendant is tried, an affidavit stating that the defendant was transported, indicating
2516     the law enforcement agency responsible for the transportation, and stating the number of miles
2517     the defendant was transported.
2518          (ii) The court clerk shall:
2519          (A) account for [restitution] a cost paid under Subsection [76-3-201(5) for
2520     governmental transportation expenses] 76-3-201(4)(b) for government transportation; and
2521          (B) dispense [restitution] money collected by the court under Subsection (4)(c)(ii)(A)
2522     to the law enforcement agency responsible for the transportation of a convicted defendant.
2523          (5) The law enforcement agency identified by the magistrate under Subsection (4)(a)
2524     shall indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and
2525     legal holidays if a warrant issued [pursuant to] in accordance with this section is an extradition
2526     warrant.
2527          (6) The law enforcement agency identified by the magistrate under Subsection (4)(a)
2528     shall report any changes to the status of a warrant issued [pursuant to] in accordance with this
2529     section to the Bureau of Criminal Identification.
2530          Section 51. Section 77-7-21 is amended to read:
2531          77-7-21. Proceeding on citation -- Voluntary forfeiture of bail -- Parent signature
2532     required -- Information, when required.
2533          (1) (a) A citation filed with the court may, with the consent of the defendant, serve in
2534     lieu of an information to which the defendant may plead guilty or no contest to the charge or
2535     charges listed and be sentenced accordingly.
2536          (b) If provided by the uniform fine schedule described in Section 76-3-301.5, an

2537     individual may remit the fine and other penalties without a personal appearance before the
2538     court in any case charging a class B misdemeanor or lower offense, unless the charge is:
2539          (i) a domestic violence offense as defined in Section 77-36-1;
2540          (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
2541     combination of both or with specified or unsafe blood alcohol concentration;
2542          (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance
2543     in the body;
2544          (iv) a violation of a local ordinance similar to the offenses described in Subsections
2545     (1)(b)(i) through (iii); or
2546          (v) a violation that appears to:
2547          (A) affect a victim, as defined in Section [77-38a-102] 77-38b-102; or
2548          (B) require restitution, as defined in Section [77-38a-102] 77-38b-102.
2549          (c) The remittal of fines and other penalties shall be entered as a conviction and treated
2550     the same as if the accused pleaded no contest.
2551          (d) If the person cited is under 18 years [of age] old, the court shall promptly mail a
2552     copy or notice of the citation to the address as shown on the citation, to the attention of the
2553     parent or guardian of the defendant.
2554          (2) If the individual pleads not guilty to the offense charged, further proceedings shall
2555     be held in accordance with the Rules of Criminal Procedure and all other applicable provisions
2556     of this code.
2557          Section 52. Section 77-18-101 is enacted to read:
2558          77-18-101. Title.
2559          This chapter is known as "The Judgment."
2560          Section 53. Section 77-18-102 is enacted to read:
2561          77-18-102. Definitions.
2562          As used in this chapter:
2563          (1) "Assessment" means, except as provided in Section 77-18-104, the same as the
2564     term "risk and needs assessment" in Section 77-1-3.
2565          (2) "Board" means the Board of Pardons and Parole.
2566          (3) "Civil accounts receivable" means the same as that term is defined in Section
2567     77-32b-102.

2568          (4) "Civil judgment of restitution" means the same as that term is defined in Section
2569     77-32b-102.
2570          (5) "Convicted" means the same as that term is defined in Section 76-3-201.
2571          (6) "Criminal accounts receivable" means the same as that term is defined in Section
2572     77-32b-102.
2573          (7) "Default" means the same as that term is defined in Section 77-32b-102.
2574          (8) "Delinquent" means the same as that term is defined in Section 77-32b-102.
2575          (9) "Department" means the Department of Corrections created in Section 64-13-2.
2576          (10) "Payment schedule" means the same as that term is defined in Section
2577     77-32b-102.
2578          (11) "Restitution" means the same as that term is defined in Section 77-38b-102.
2579          (12) "Screening" means, except as provided in Section 77-18-104, a tool or
2580     questionnaire that is designed to determine whether an individual needs further assessment or
2581     any additional resource or referral for treatment.
2582          (13) "Substance use disorder treatment" means treatment obtained through a substance
2583     use disorder program that is licensed by the Office of Licensing within the Department of
2584     Human Services.
2585          Section 54. Section 77-18-103 is enacted to read:
2586          77-18-103. Presentence investigation report -- Classification of presentence
2587     investigation report -- Evidence or other information at sentencing.
2588          (1) Before the imposition of a sentence, the court may:
2589          (a) upon agreement of the defendant, continue the date for the imposition of the
2590     sentence for a reasonable period of time for the purpose of obtaining a presentence
2591     investigation report from the department or information from other sources about the
2592     defendant; and
2593          (b) if the defendant is convicted of a felony or a class A misdemeanor, request that the
2594     department prepare a presentence investigation report for the defendant.
2595          (2) If a presentence investigation report is required under the standards established by
2596     the department described in Section 77-18-109, the presentence investigation report under
2597     Subsection (1) shall include:
2598          (a) any impact statement provided by a victim as described in Subsection

2599     77-38b-203(3)(c);
2600          (b) information on restitution as described in Subsection 77-38b-203(3)(a) and (b);
2601          (c) findings from any screening and any assessment of the defendant conducted under
2602     Section 77-18-104;
2603          (d) recommendations for treatment for the defendant; and
2604          (e) the number of days since the commission of the offense that the defendant has spent
2605     in the custody of the jail and the number of days, if any, the defendant was released to a
2606     supervised release program or an alternative incarceration program under Section 17-22-5.5.
2607          (3) The department shall provide the presentence investigation report to the defendant's
2608     attorney, or the defendant if the defendant is not represented by counsel, the prosecuting
2609     attorney, and the court for review within three working days before the day on which the
2610     defendant is sentenced.
2611          (4) (a) (i) If there is an alleged inaccuracy in the presentence investigation report that is
2612     not resolved by the parties and the department before sentencing:
2613          (A) the alleged inaccuracy shall be brought to the attention of the court at sentencing;
2614     and
2615          (B) the court may grant an additional 10 working days after the day on which the
2616     alleged inaccuracy is brought to the court's attention to allow the parties and the department to
2617     resolve the alleged inaccuracy in the presentence investigation report.
2618          (ii) If the court does not grant additional time under Subsection (4)(a)(i)(B), or the
2619     alleged inaccuracy cannot be resolved after 10 working days, and if the court finds that there is
2620     an inaccuracy in the presentence investigation report, the court shall:
2621          (A) enter a written finding as to the relevance and accuracy of the challenged portion of
2622     the presentence investigation report; and
2623          (B) provide the written finding to the Division of Adult Probation and Parole.
2624          (b) The Division of Adult Probation and Parole shall attach the written finding to the
2625     presentence investigation report as an addendum.
2626          (c) If a party fails to challenge the accuracy of the presentence investigation report at
2627     the time of sentencing, the matter shall be considered waived.
2628          (5) The contents of the presentence investigation report are protected and not available
2629     except by court order for purposes of sentencing as provided by rule of the Judicial Council or

2630     for use by the department.
2631          (6) (a) A presentence investigation report is classified as protected in accordance with
2632     Title 63G, Chapter 2, Government Records Access and Management Act.
2633          (b) Notwithstanding Sections 63G-2-403 and 63G-2-404, the State Records Committee
2634     may not order the disclosure of a presentence investigation report.
2635          (7) Except for disclosure at the time of sentencing in accordance with this section, the
2636     department may disclose a presentence investigation only when:
2637          (a) ordered by the court in accordance with Subsection 63G-2-202(7);
2638          (b) requested by a law enforcement agency or other agency approved by the department
2639     for purposes of supervision, confinement, and treatment of a defendant;
2640          (c) requested by the board;
2641          (d) requested by the subject of the presentence investigation report or the subject's
2642     authorized representative;
2643          (e) requested by the victim of the offense discussed in the presentence investigation
2644     report, or the victim's authorized representative, if the disclosure is only information relating
2645     to:
2646          (i) statements or materials provided by the victim;
2647          (ii) the circumstances of the offense, including statements by the defendant; or
2648          (iii) the impact of the offense on the victim or the victim's household; or
2649          (f) requested by a sex offender treatment provider:
2650          (i) who is certified to provide treatment under the certification program established in
2651     Subsection 64-13-25(3);
2652          (ii) who is providing, at the time of the request, sex offender treatment to the offender
2653     who is the subject of the presentence investigation report; and
2654          (iii) who provides written assurance to the department that the report:
2655          (A) is necessary for the treatment of the defendant;
2656          (B) will be used solely for the treatment of the defendant; and
2657          (C) will not be disclosed to an individual or entity other than the defendant.
2658          (8) (a) At the time of sentence, the court shall receive any testimony, evidence, or
2659     information that the defendant or the prosecuting attorney desires to present concerning the
2660     appropriate sentence.

2661          (b) Testimony, evidence, or information under Subsection (8)(a) shall be presented in
2662     open court on record and in the presence of the defendant.
2663          Section 55. Section 77-18-104, which is renumbered from Section 77-18-1.1 is
2664     renumbered and amended to read:
2665          [77-18-1.1].      77-18-104. Screening, assessment, and treatment.
2666          (1) As used in this section:
2667          (a) "Assessment" has the same meaning as in Section 41-6a-501.
2668          [(b) "Convicted" means:]
2669          [(i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
2670     illness, or no contest; and]
2671          [(ii) conviction of any crime or offense.]
2672          [(c)] (b) "Screening" has the same meaning as in Section 41-6a-501.
2673          [(d) "Substance use disorder treatment" means treatment obtained through a substance
2674     use disorder program that is licensed by the Office of Licensing within the Department of
2675     Human Services.]
2676          [(2) On or after July 1, 2009, the courts of the judicial districts where the Drug -Related
2677     Offenses Reform Act under Section 63M-7-305 is implemented shall, in coordination with the
2678     local substance abuse authority regarding available resources,]
2679          (2) In coordination with the local substance abuse authority regarding available
2680     resources, a court in which the Drug-Related Offenses Reform Act under Section 63M-7-305 is
2681     implemented shall order [convicted persons] a convicted defendant, who is determined to be
2682     eligible in accordance with the implementation plan developed by the Utah Substance Use and
2683     Mental Health Advisory Council under Section 63M-7-305, to:
2684          (a) participate in a screening [prior to] before sentencing;
2685          (b) participate in an assessment [prior to] before sentencing if the screening indicates
2686     an assessment to be appropriate; and
2687          (c) participate in substance use disorder treatment if:
2688          (i) the assessment indicates treatment to be appropriate;
2689          (ii) the court finds treatment to be appropriate for the convicted [person] defendant;
2690     and
2691          (iii) the court finds the convicted [person] defendant to be an appropriate candidate for

2692     community-based supervision.
2693          (3) The findings from any screening and any assessment conducted under this section
2694     shall be part of the presentence investigation report submitted to the court [before sentencing of
2695     the convicted person] under Section 77-18-103.
2696          (4) Money appropriated by the Legislature to assist in the funding of the screening,
2697     assessment, substance use disorder treatment, and supervision provided under this section is
2698     not subject to any requirement regarding matching funds from a state or local governmental
2699     entity.
2700          Section 56. Section 77-18-105 is enacted to read:
2701          77-18-105. Pleas held in abeyance -- Suspension of a sentence -- Probation --
2702     Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
2703     supervision for payments on criminal accounts receivable.
2704          (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in
2705     abeyance agreement, the court may hold the plea in abeyance:
2706          (a) in accordance with Chapter 2a, Pleas in Abeyance; and
2707          (b) under the terms of the plea in abeyance agreement.
2708          (2) If a defendant is convicted, the court:
2709          (a) shall impose a sentence in accordance with Section 76-3-201; and
2710          (b) may suspend the execution of the sentence and place the defendant:
2711          (i) on probation under the supervision of the department, except as provided in
2712     Subsection (5);
2713          (ii) on probation under the supervision of an agency of a local government or a private
2714     organization; or
2715          (iii) on court probation under the jurisdiction of the sentencing court.
2716          (3) (a) The legal custody of all probationers under the supervision of the department is
2717     with the department.
2718          (b) The legal custody of all probationers under the jurisdiction of the sentencing court
2719     is vested as ordered by the court.
2720          (c) The court has continuing jurisdiction over all probationers.
2721          (4) (a) Court probation may include an administrative level of services, including
2722     notification to the sentencing court of scheduled periodic reviews of the probationer's

2723     compliance with conditions.
2724          (b) Supervised probation services provided by the department, an agency of a local
2725     government, or a private organization shall specifically address the defendant's risk of
2726     reoffending as identified by a screening or an assessment.
2727          (5) A court may not order the department to supervise the probation of an individual
2728     who is convicted of a class B or C misdemeanor or an infraction.
2729          (6) (a) If a defendant is placed on probation, the court may order the defendant as a
2730     condition of the defendant's probation:
2731          (i) to provide for the support of persons for whose support the defendant is legally
2732     liable;
2733          (ii) to participate in available treatment programs, including any treatment program in
2734     which the defendant is currently participating if the program is acceptable to the court;
2735          (iii) be voluntarily admitted to the custody of the Division of Substance Abuse and
2736     Mental Health for treatment at the Utah State Hospital in accordance with Section 77-18-106;
2737          (iv) if the defendant is on probation for a felony offense, to serve a period of time as an
2738     initial condition of probation that does not exceed one year in a county jail designated by the
2739     department, after considering any recommendation by the court as to which jail the court finds
2740     most appropriate;
2741          (v) to serve a term of home confinement in accordance with Section 77-18-107;
2742          (vi) to participate in compensatory service programs, including the compensatory
2743     service program described in Section 76-6-107.1;
2744          (vii) to pay for the costs of investigation, probation, or treatment services;
2745          (viii) to pay a criminal accounts receivable established for the defendant under Section
2746     77-32b-103; or
2747          (ix) to comply with other terms and conditions the court considers appropriate to
2748     ensure public safety or increase a defendant's likelihood of success on probation.
2749          (b) (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a
2750     defendant to include a period of time that is served in a county jail immediately before the
2751     termination of probation as long as that period of time does not exceed one year.
2752          (ii) If a defendant is ordered to serve time in a county jail as a sanction for a probation
2753     violation, the one-year limitation described in Subsection (6)(a)(iv) or (6)(b)(i) does not apply

2754     to the period of time that the court orders the defendant to serve in a county jail under this
2755     Subsection (6)(b)(ii).
2756          (7) (a) Except as provided in Subsection (7)(b), probation of an individual placed on
2757     probation after December 31, 2018:
2758          (i) may not exceed the individual's maximum sentence;
2759          (ii) shall be for a period of time that is in accordance with the supervision length
2760     guidelines established by the Utah Sentencing Commission under Section 63M-7-404, to the
2761     extent the guidelines are consistent with the requirements of the law; and
2762          (iii) shall be terminated in accordance with the supervision length guidelines
2763     established by the Utah Sentencing Commission under Section 63M-7-404, to the extent the
2764     guidelines are consistent with the requirements of the law.
2765          (b) Probation of an individual placed on probation after December 31, 2018, whose
2766     maximum sentence is one year or less, may not exceed 36 months.
2767          (c) Probation of an individual placed on probation on or after October 1, 2015, but
2768     before January 1, 2019, may be terminated at any time at the discretion of the court or upon
2769     completion without violation of 36 months probation in felony or class A misdemeanor cases,
2770     12 months in cases of class B or C misdemeanors or infractions, or as allowed in accordance
2771     with Section 64-13-21 regarding earned credits.
2772          (d) This Subsection (7) does not apply to the probation of an individual convicted of an
2773     offense for criminal nonsupport under Section 76-7-201.
2774          (8) (a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal
2775     accounts receivable for the defendant upon termination of the probation period for the
2776     defendant under Subsection (7), the court may require the defendant to continue to make
2777     payments towards the criminal accounts receivable in accordance with the payment schedule
2778     established by the court under Section 77-32b-103.
2779          (b) A court may not require the defendant to make payments as described in Subsection
2780     (8)(a) beyond the expiration of the defendant's sentence.
2781          (c) If the court requires a defendant to continue to pay in accordance with the payment
2782     schedule for the criminal accounts receivable under this Subsection (8) and the defendant
2783     defaults on the criminal accounts receivable, the court shall proceed with an order for a civil
2784     judgment of restitution and a civil accounts receivable for the defendant as described in Section

2785     77-18-114.
2786          (d) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's
2787     own motion, the court may require a defendant to show cause as to why the defendant's failure
2788     to pay in accordance with the payment schedule should not be treated as contempt of court.
2789          (ii) A court may hold a defendant in contempt for failure to make payments for a
2790     criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, Contempt.
2791          (e) This Subsection (8) does not apply to the probation of an individual convicted of an
2792     offense for criminal nonsupport under Section 76-7-201.
2793          Section 57. Section 77-18-106 is enacted to read:
2794          77-18-106. Treatment at the Utah State Hospital -- Condition of probation or stay
2795     of sentence.
2796          The court may order as a condition of probation, or a stay of sentence, that the
2797     defendant be voluntarily admitted to the custody of the Division of Substance Abuse and
2798     Mental Health for treatment at the Utah State Hospital only if the superintendent of the Utah
2799     State Hospital, or the superintendent's designee, certifies to the court that:
2800          (1) the defendant is appropriate for, and can benefit from, treatment at the Utah State
2801     Hospital;
2802          (2) there is space at the Utah State Hospital for treatment of the defendant; and
2803          (3) individuals described in Subsection 62A-15-610(2)(g) are receiving priority for
2804     treatment over the defendant.
2805          Section 58. Section 77-18-107 is enacted to read:
2806          77-18-107. Home confinement -- Electronic monitoring for home confinement.
2807          (1) The court may order home confinement as a condition of probation under the
2808     supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
2809          (2) The department shall establish procedures and standards for home confinement for
2810     all defendants supervised by the department for home confinement.
2811          (3) If the court places the defendant on probation and orders the defendant to
2812     participate in home confinement under Subsection (1), the court may order the defendant to
2813     participate in home confinement through the use of electronic monitoring until further order of
2814     the court.
2815          (4) The electronic monitoring of a defendant shall alert the department and the

2816     appropriate law enforcement agency of the defendant's whereabouts.
2817          (5) An electronic monitoring device shall be used under conditions that require:
2818          (a) the defendant to wear an electronic monitoring device at all times; and
2819          (b) the device be placed in the home of the defendant to monitor the defendant's
2820     compliance with the court's order.
2821          (6) If a court orders a defendant to participate in home confinement through electronic
2822     monitoring as a condition of probation under Subsection (3), the court shall:
2823          (a) place the defendant on probation under the supervision of the department;
2824          (b) order the department to place an electronic monitoring device on the defendant and
2825     install electronic monitoring equipment in the residence of the defendant; and
2826          (c) order the defendant to pay the costs associated with home confinement to the
2827     department or the program provider.
2828          (7) The department shall pay the costs of home confinement through electronic
2829     monitoring only for an individual who is determined to be indigent by the court.
2830          (8) The department may provide the electronic monitoring described in this section
2831     directly or by contract with a private provider.
2832          Section 59. Section 77-18-108 is enacted to read:
2833          77-18-108. Termination, revocation, modification, or extension of probation --
2834     Violation of probation -- Hearing on violation.
2835          (1) (a) The department shall notify the court and the prosecuting attorney, in writing:
2836          (i) when the department is requesting termination of supervision for a defendant; or
2837          (ii) before a defendant's supervision will be terminated by law.
2838          (b) The notification under this Subsection (1) shall include a probation progress report.
2839          (c) If a defendant's probation is being terminated, and the defendant's criminal accounts
2840     receivable has an unpaid balance or there is any outstanding debt with the department, the
2841     department shall notify the Office of State Debt Collection that the defendant's criminal
2842     accounts receivable has an unpaid balance or there is an outstanding debt with the department.
2843          (2) (a) The court may modify the defendant's probation in accordance with the
2844     supervision length guidelines and the graduated sanctions and incentives developed by the Utah
2845     Sentencing Commission under Section 63M-7-404.
2846          (b) The court may not:

2847          (i) extend the length of a defendant's probation, except upon:
2848          (A) waiver of a hearing by the defendant; or
2849          (B) a hearing and a finding by the court that the defendant has violated the terms of
2850     probation;
2851          (ii) revoke a defendant's probation, except upon a hearing and a finding by the court
2852     that the terms of probation have been violated; or
2853          (iii) terminate a defendant's probation before expiration of the probation period until
2854     the court enters a finding of whether the defendant owes restitution under Section 77-38b-205.
2855          (3) (a) Upon the filing of an affidavit, or an unsworn written declaration executed in
2856     substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act,
2857     alleging with particularity facts asserted to constitute violation of the terms of a defendant's
2858     probation, the court shall determine if the affidavit or unsworn written declaration establishes
2859     probable cause to believe that revocation, modification, or extension of the defendant's
2860     probation is justified.
2861          (b) (i) If the court determines there is probable cause, the court shall order that the
2862     defendant be served with:
2863          (A) a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
2864     declaration; and
2865          (B) an order to show cause as to why the defendant's probation should not be revoked,
2866     modified, or extended.
2867          (ii) The order under Subsection (3)(b)(i)(B) shall:
2868          (A) be served upon the defendant at least five days before the day on which the hearing
2869     is held;
2870          (B) specify the time and place of the hearing; and
2871          (C) inform the defendant of the right to be represented by counsel at the hearing, the
2872     right to have counsel appointed if the defendant is indigent, and the right to present evidence at
2873     the hearing.
2874          (iii) The defendant shall show good cause for a continuance of the hearing.
2875          (c) At the hearing, the defendant shall admit or deny the allegations of the affidavit or
2876     unsworn written declaration.
2877          (d) (i) If the defendant denies the allegations of the affidavit or unsworn written

2878     declaration, the prosecuting attorney shall present evidence on the allegations.
2879          (ii) If the affidavit, or unsworn written declaration, alleges that a defendant is
2880     delinquent, or in default, on a criminal accounts receivable, the prosecuting attorney shall
2881     present evidence to establish, by a preponderance of the evidence, that the defendant:
2882          (A) was aware of the defendant's obligation to pay the balance of the criminal accounts
2883     receivable;
2884          (B) failed to pay on the balance of the criminal accounts receivable as ordered by the
2885     court; and
2886          (C) had the ability to make a payment on the balance of the criminal accounts
2887     receivable if the defendant opposes an order to show cause, in writing, and presents evidence
2888     that the defendant was unable to make a payment on the balance of the criminal accounts
2889     receivable.
2890          (e) The persons who have given adverse information on which the allegations are
2891     based shall be presented as witnesses subject to questioning by the defendant, unless the court
2892     for good cause otherwise orders.
2893          (f) At the hearing, the defendant may:
2894          (i) call witnesses;
2895          (ii) appear and speak in the defendant's own behalf; and
2896          (iii) present evidence.
2897          (g) (i) After the hearing, the court shall make findings of fact.
2898          (ii) Upon a finding that the defendant violated the terms of the defendant's probation,
2899     the court may order the defendant's probation terminated, revoked, modified, continued, or
2900     reinstated for all or a portion of the original term of probation.
2901          (4) (a) (i) Except as provided in Subsection 77-18-105(7), the court may not require a
2902     defendant to remain on probation for a period of time that exceeds the length of the defendant's
2903     maximum sentence.
2904          (ii) Except as provided in Subsection 77-18-105(7), if a defendant's probation is
2905     revoked and later reinstated, the total time of all periods of probation that the defendant serves,
2906     in relation to the same sentence, may not exceed the defendant's maximum sentence.
2907          (b) If a period of incarceration is imposed for a violation of the defendant's probation,
2908     the defendant shall be sentenced within the guidelines established by the Utah Sentencing

2909     Commission in accordance with Subsection 63M-7-404(4), unless the court determines that:
2910          (i) the defendant needs substance abuse or mental health treatment, as determined by a
2911     screening and an assessment, that warrants treatment services that are immediately available in
2912     the community; or
2913          (ii) the sentence previously imposed shall be executed.
2914          (c) If the defendant had, before the imposition of a term of incarceration or the
2915     execution of the previously imposed sentence under this section, served time in jail as a term of
2916     probation or due to a violation of probation, the time that the defendant served in jail
2917     constitutes service of time toward the sentence previously imposed.
2918          (5) (a) Any time served by a defendant:
2919          (i) outside of confinement after having been charged with a probation violation, and
2920     before a hearing to revoke probation, does not constitute service of time toward the total
2921     probation term, unless the defendant is exonerated at a hearing to revoke the defendant's
2922     probation;
2923          (ii) in confinement awaiting a hearing or a decision concerning revocation of the
2924     defendant's probation does not constitute service of time toward the total probation term, unless
2925     the defendant is exonerated at the hearing to revoke probation; or
2926          (iii) in confinement awaiting a hearing or a decision concerning revocation of the
2927     defendant's probation constitutes service of time toward a term of incarceration imposed as a
2928     result of the revocation of probation or a graduated sanction imposed under the guidelines
2929     established by the Utah Sentencing Commission in accordance with Section 63M-7-404.
2930          (b) The running of the probation period is tolled upon:
2931          (i) the filing of a report with the court alleging a violation of the terms of the
2932     defendant's probation; or
2933          (ii) the issuance of an order or a warrant under Subsection (3).
2934          Section 60. Section 77-18-109 is enacted to read:
2935          77-18-109. Standards for supervision and presentence investigation.
2936          (1) The department shall establish supervision and presentence investigation standards
2937     for all individuals referred to the department based on:
2938          (a) the type of offense;
2939          (b) the results of a screening and an assessment;

2940          (c) the demand for services;
2941          (d) the availability of agency resources;
2942          (e) public safety; and
2943          (f) other criteria established by the department to determine what level of services shall
2944     be provided.
2945          (2) The department shall submit proposed supervision and presentence investigation
2946     standards annually to the Judicial Council and the board for review and comment before the
2947     department adopts the standards.
2948          (3) The Judicial Council and the department shall establish procedures to implement
2949     the supervision and presentence investigation standards.
2950          (4) The Judicial Council and the department shall annually consider modifications to
2951     the standards based upon criteria in Subsection (1) and other criteria as the Judicial Council
2952     and the department consider appropriate.
2953          (5) The Judicial Council and the department shall:
2954          (a) annually prepare an impact report; and
2955          (b) submit the impact report to the appropriate legislative appropriations
2956     subcommittee.
2957          Section 61. Section 77-18-110, which is renumbered from Section 77-18-3 is
2958     renumbered and amended to read:
2959          [77-18-3].      77-18-110. Disposition of fines.
2960          [Fines] A fine imposed by the district court shall be paid [as provided in] in accordance
2961     with Section 78A-5-110.
2962          Section 62. Section 77-18-111, which is renumbered from Section 77-18-4 is
2963     renumbered and amended to read:
2964          [77-18-4].      77-18-111. Sentence -- Term -- Construction.
2965          (1) [Whenever a person] If an individual is convicted of a crime and the judgment
2966     provides for a commitment to the state prison, the court shall not fix a definite term of
2967     imprisonment unless otherwise provided by law.
2968          (2) The sentence and judgment of imprisonment shall be for an indeterminate term of
2969     not less than the minimum and not to exceed the maximum term provided by law for the
2970     particular crime.

2971          (3) Except as otherwise expressly provided by law, every sentence, regardless of [its]
2972     the sentence's form or terms, which purports to be for a shorter or different period of time, shall
2973     be construed to be a sentence for the term between the minimum and maximum periods of time
2974     provided by law and shall continue until the maximum period has been reached unless sooner
2975     terminated or commuted by authority of the [Board of Pardons and Parole] board.
2976          Section 63. Section 77-18-112, which is renumbered from Section 77-18-5 is
2977     renumbered and amended to read:
2978          [77-18-5].      77-18-112. Reports by courts and prosecuting attorneys to Board of
2979     Pardons and Parole.
2980          In cases where an indeterminate sentence is imposed, the [judge] court and prosecuting
2981     attorney may, within 30 days, mail a statement to the [Board of Pardons and Parole] board
2982     setting forth the term for which the prisoner ought to be imprisoned together with any
2983     information which might aid the board in passing on the application for termination or
2984     commutation of the sentence or for parole or pardon.
2985          Section 64. Section 77-18-113, which is renumbered from Section 77-18-5.5 is
2986     renumbered and amended to read:
2987          [77-18-5.5].      77-18-113. Judgment of death -- Method is lethal injection --
2988     Exceptions for use of firing squad.
2989          (1) (a) When a defendant is convicted of a capital felony and the judgment of death has
2990     been imposed, lethal intravenous injection is the method of execution.
2991          (b) Subsection (1)(a) applies to any defendant sentenced to death on or after May 3,
2992     2004, except under Subsections (2), (3), and (4).
2993          (2) (a) If a court holds that a defendant has a right to be executed by a firing squad, the
2994     method of execution for that defendant shall be a firing squad.
2995          (b) This Subsection (2) applies to any defendant whose right to be executed by a firing
2996     squad is preserved by that judgment.
2997          (3) (a) If a court holds that execution by lethal injection is unconstitutional on its face,
2998     the method of execution shall be a firing squad.
2999          (b) If a court holds that execution by lethal injection is unconstitutional as applied, the
3000     method of execution for that defendant shall be a firing squad.
3001          (4) The method of execution for the defendant is the firing squad if the sentencing

3002     court determines the state is unable to lawfully obtain the substance or substances necessary to
3003     conduct an execution by lethal intravenous injection 30 or more days [prior to] before the date
3004     specified in the warrant issued upon a judgment of death under Section 77-19-6.
3005          Section 65. Section 77-18-114 is enacted to read:
3006          77-18-114. Unpaid balance at termination of sentence -- Past due account -- Notice
3007     -- Account or judgment paid in full -- Effect of civil accounts receivable and civil
3008     judgment of restitution.
3009          (1) When a defendant's sentence is terminated by law or by the decision of the court or
3010     the board:
3011          (a) the board shall provide an accounting of the unpaid balance of the defendant's
3012     criminal accounts receivable to the court if the defendant was on parole or incarcerated at the
3013     time of termination; and
3014          (b) within 90 days after the day on which a defendant's sentence is terminated, the
3015     court shall:
3016          (i) enter an order for a civil accounts receivable and a civil judgment of restitution for a
3017     defendant on the civil judgment docket;
3018          (ii) transfer the responsibility of collecting the civil accounts receivable and the civil
3019     judgment of restitution to the Office of State Debt Collection; and
3020          (iii) identify in the order under this Subsection (1):
3021          (A) the Office of State Debt Collection as a judgment creditor for the civil accounts
3022     receivable and the civil judgment of restitution; and
3023          (B) the victim as a judgment creditor for the civil judgment of restitution.
3024          (2) If a criminal accounts receivable for the defendant is more than 90 days past due
3025     and the court has ordered that a defendant does not owe restitution to any victim, or the time
3026     period in Subsection 77-38b-205(5) has passed and the court has not ordered restitution, the
3027     court may:
3028          (a) enter an order for a civil accounts receivable for the defendant on the civil judgment
3029     docket;
3030          (b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as
3031     a judgment creditor for the civil accounts receivable; and
3032          (c) transfer the responsibility of collecting the civil accounts receivable to the Office of

3033     State Debt Collection.
3034          (3) An order for a criminal accounts receivable is no longer in effect after the court
3035     enters an order for a civil accounts receivable or a civil judgment of restitution under
3036     Subsection (1) or (2).
3037          (4) The court shall provide notice to the Office of State Debt Collection and the
3038     prosecuting attorney of any hearing that affects an order for the civil accounts receivable or the
3039     civil judgment of restitution.
3040          (5) The Office of State Debt Collection shall:
3041          (a) notify the court when a civil judgment of restitution or a civil accounts receivable is
3042     satisfied; and
3043          (b) provide the court with an accounting of any distribution made by the Office of State
3044     Collection for the civil accounts receivable and the civil judgment of restitution.
3045          (6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
3046     accounts receivable on the civil judgment docket, or when restitution is recorded as an order
3047     for a civil judgment of restitution on the civil judgment docket, the order:
3048          (a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
3049          (b) may be collected by any means authorized by law for the collection of a civil
3050     judgment.
3051          (7) A criminal account receivable, a civil accounts receivable, and a civil judgment of
3052     restitution are not subject to the civil statutes of limitation and expire only upon payment in
3053     full.
3054          (8) (a) If a defendant asserts that a payment was made to a victim or third party for a
3055     civil judgment of restitution, or enters into any other transaction that does not involve the
3056     Office of State Debt Collection, and the defendant asserts that the payment results in a credit
3057     towards the civil judgment of restitution for the defendant:
3058          (i) the defendant shall provide notice to the Office of State Debt Collection and the
3059     prosecuting attorney within 30 days after the day on which the payment or other transaction is
3060     made; and
3061          (ii) the payment may only be credited towards the principal of the civil judgment of
3062     restitution and does not affect any other amount owed to the Office of State Debt Collection
3063     under Section 63A-3-502.

3064          (b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
3065     from providing notice of a payment towards a civil judgment of restitution to the Office of
3066     State Debt Collection.
3067          Section 66. Section 77-18-115, which is renumbered from Section 77-18-6.5 is
3068     renumbered and amended to read:
3069          [77-18-6.5].      77-18-115. Liability of rescued person for costs of emergency
3070     response.
3071          (1) Any person who violates Section 76-6-206.1 and whose conduct required
3072     emergency care, rescue, assistance, or recovery services at the scene of an abandoned or
3073     inactive mine may be charged with the expenses incurred in meeting the emergency.
3074          (2) (a) The court's order shall be a judgment [which] that orders the payment of
3075     reimbursement to any public agency or private body that incurred the expenses.
3076          (b) The judgment shall constitute a lien when recorded in the judgment docket and
3077     shall have the same effect and is subject to the same rules as a judgment for money in a civil
3078     action.
3079          (3) The liability imposed under this section is in addition to and not in limitation of any
3080     other liability that may be imposed.
3081          Section 67. Section 77-18-116, which is renumbered from Section 77-18-7 is
3082     renumbered and amended to read:
3083          [77-18-7].      77-18-116. Costs imposed on defendant -- Restrictions.
3084          Unless specifically authorized by statute, a defendant shall not be required to pay court
3085     costs in a criminal case [either as] as:
3086          (1) a part of a sentence; or [as]
3087          (2) a condition of probation or dismissal.
3088          Section 68. Section 77-18-117, which is renumbered from Section 77-18-8 is
3089     renumbered and amended to read:
3090          [77-18-8].      77-18-117. Fine not paid -- Commitment.
3091          (1) When a defendant is sentenced to pay a fine in addition to a jail or a prison sentence
3092     and the judgment is that the jail or prison sentence be suspended upon payment of the fine, the
3093     service of the jail or prison sentence shall satisfy the judgment.
3094          (2) If a defendant fails to pay the fine and [thereafter] the court finds that the defendant

3095     failed to make a good faith effort to pay the fine, the court may, after a hearing, order the
3096     execution of the suspended jail or prison sentence.
3097          (3) If a defendant is sentenced to pay a fine only, or is sentenced to jail or prison and a
3098     fine, with neither suspended, [he shall not] the defendant may not later be committed to jail for
3099     failure to pay the fine.
3100          Section 69. Section 77-18-118 is enacted to read:
3101          77-18-118. Continuing jurisdiction of a sentencing court.
3102          (1) A sentencing court shall retain jurisdiction over a defendant's criminal case:
3103          (a) if the defendant is on probation as described in Subsection 77-18-105(3)(c);
3104          (b) if the defendant is on probation and the probation period has terminated under
3105     Subsection 77-18-105(7), to require the defendant to continue to make payments towards a
3106     criminal accounts receivable until the defendant's sentence expires;
3107          (c) within the time periods described in Subsection 77-38b-205(5), to enter or modify
3108     an order for a criminal accounts receivable in accordance with Section 77-32b-103;
3109          (d) within the time periods described in Subsection 77-38b-205(5), to enter or modify
3110     an order for restitution in accordance with Section 77-38b-205;
3111          (e) until a defendant's sentence is terminated, to correct an error for a criminal accounts
3112     receivable in accordance with Subsection 77-32b-105(1)(a);
3113          (f) until a defendant's sentence is terminated, to modify a payment schedule for a
3114     criminal accounts receivable in accordance with Subsection 77-32b-105(1)(b);
3115          (g) if a defendant files a petition for remittance under Subsection 77-32b-105(1)(c)
3116     before the defendant's sentence is terminated, for 90 days from the day on which the petition is
3117     filed to determine whether to remit, in whole or in part, the defendant's criminal accounts
3118     receivable;
3119          (h) if a defendant files a petition for remittance under Subsection 77-32b-106(1) within
3120     90 days from the day on which the defendant's sentence is terminated, to determine whether to
3121     remit, in whole or in part, the defendant's criminal accounts receivable; and
3122          (i) to enter an order for a civil accounts receivable and a civil judgment of restitution in
3123     accordance with Section 77-18-114.
3124          (2) This section does not prevent a court from exercising jurisdiction over:
3125          (a) a contempt proceeding for a defendant under Title 78B, Chapter 6, Part 3,

3126     Contempt; or
3127          (b) enforcement of a civil accounts receivable or a civil judgment of restitution.
3128          Section 70. Section 77-19-10 is amended to read:
3129          77-19-10. Judgment of death -- Location and procedures for execution.
3130          (1) The executive director of the Department of Corrections or a designee shall ensure
3131     that the method of judgment of death specified in the warrant or as required under Section
3132     [77-18-5.5] 77-18-113 is carried out at a secure correctional facility operated by the department
3133     and at an hour determined by the department on the date specified in the warrant.
3134          (2) When the judgment of death is to be carried out by lethal intravenous injection, the
3135     executive director of the department or a designee shall select two or more persons trained in
3136     accordance with accepted medical practices to administer intravenous injections, who shall
3137     each administer a continuous intravenous injection, one of which shall be of a lethal quantity
3138     of:
3139          (a) sodium thiopental; or
3140          (b) other equally or more effective substance sufficient to cause death.
3141          (3) If the judgment of death is to be carried out by firing squad under Subsection
3142     [77-18-5.5] 77-18-113(2), (3), or (4) the executive director of the department or a designee
3143     shall select a five-person firing squad of peace officers.
3144          (4) Compensation for persons administering intravenous injections and for members of
3145     a firing squad under Subsection [77-18-5.5] 77-18-113(2), (3), or (4) shall be in an amount
3146     determined by the director of the Division of Finance.
3147          (5) Death under this section shall be certified by a physician.
3148          (6) The department shall adopt and enforce rules governing procedures for the
3149     execution of judgments of death.
3150          Section 71. Section 77-20-4 is amended to read:
3151          77-20-4. Bail to be posted in cash, by credit or debit card, or by written
3152     undertaking -- Specific monetary bail methods.
3153          (1) (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a
3154     single amount per case or charge.
3155          (b) Subject to Subsection (2), a defendant may choose to post the amount described in
3156     Subsection (1)(a) by any of the following methods:

3157          (i) in cash;
3158          (ii) by written undertaking with sureties;
3159          (iii) by written undertaking without sureties, at the discretion of the judge or
3160     magistrate; or
3161          (iv) by credit or debit card, at the discretion of the judge or bail commissioner.
3162          (2) A judge or magistrate may limit a defendant to a specific method of posting
3163     monetary bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
3164          (a) if, after charges are filed, the defendant fails to appear in the case on a bond and the
3165     case involves a violent offense;
3166          (b) in order to allow the defendant to voluntarily forfeit monetary bail in accordance
3167     with Section 77-7-21 and the offense with which the defendant is charged is listed in the shared
3168     master offense table as one for which an appearance is not mandatory;
3169          (c) if the defendant has failed to respond to a citation or summons and the offense with
3170     which the defendant is charged is listed in the shared master offense table as one for which an
3171     appearance is not mandatory;
3172          (d) if a warrant is issued for the defendant solely for failure to pay a [criminal judgment
3173     account receivable, as defined in Section 77-32a-101] criminal accounts receivable, as defined
3174     in Section 77-32b-102, and the defendant's monetary bail is limited to the amount owed; or
3175          (e) if a court has entered a judgment of bond forfeiture under Section 77-20b-104 in
3176     any case involving the defendant.
3177          (3) Monetary bail may not be accepted without receiving in writing at the time the
3178     monetary bail is posted the current mailing address, telephone number, and email address of
3179     the surety.
3180          (4) Monetary bail paid by debit or credit card, less the fee charged by the financial
3181     institution, shall be tendered to the courts.
3182          (5) Monetary bail refunded by the court may be refunded by credit to the debit or credit
3183     card, or cash. The amount refunded shall be the full amount received by the court under
3184     Subsection (4), which may be less than the full amount of the monetary bail set by the court.
3185          (6) Before refunding monetary bail that is posted by the defendant in cash, by credit
3186     card, or by debit card, the court may apply the amount posted toward [accounts receivable, as
3187     defined in Section 77-32a-101] a criminal accounts receivable, as defined in Section

3188     77-32b-102, that [are] is owed by the defendant in the priority set forth in Section [77-38a-404]
3189     77-38b-304.
3190          Section 72. Section 77-20b-101 is amended to read:
3191          77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
3192     failure of timely notice.
3193          (1) If a defendant who has posted bail fails to appear before the appropriate court as
3194     required, the court shall within 30 days of the failure to appear issue a bench warrant that
3195     includes the original case number. The court shall also direct that the surety or surety insurer
3196     be given notice of the nonappearance. The clerk of the court shall:
3197          (a) email notice of nonappearance to the surety or surety insurer at the email address
3198     provided on the bond;
3199          (b) email a copy of the notice sent under Subsection (1)(a) to the prosecutor's office;
3200     and
3201          (c) ensure that the name, address, business email address, and telephone number of the
3202     surety, its agent, or surety insurer as listed on the bond is stated on the bench warrant.
3203          (2) The prosecutor may email notice of nonappearance to the address of the surety or
3204     surety insurer as listed on the bond within 37 days after the date of the defendant's failure to
3205     appear.
3206          (3) If notice of nonappearance is not emailed to a surety or surety insurer as listed on
3207     the bond, other than the defendant, in accordance with Subsection (1) or (2), the surety or
3208     surety insurer and its bond producer are relieved of further obligation under the bond if the
3209     surety or surety insurer have listed their current name and email addresses on the bond in the
3210     court's file.
3211          (4) (a) (i) If a defendant appears in court within 30 days after a missed, scheduled court
3212     appearance, the court may reinstate the bond without further notice to the surety or surety
3213     insurer.
3214          (ii) If the defendant, while in custody, appears on the case for which the bond was
3215     posted, the court may not reinstate the bond without the consent of the bond company.
3216          (b) If a defendant fails to appear within 30 days after a scheduled court appearance, the
3217     court may not reinstate the bond without the consent of the surety or surety insurer.
3218          (c) If the defendant is arrested and booked into a county jail booking facility pursuant

3219     to a warrant for failure to appear on the original charges and the court is notified of the arrest,
3220     or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
3221     judgment of forfeiture, the court shall exonerate the bond.
3222          (d) Unless the court makes a finding of good cause why the bond should not be
3223     exonerated, [it] the court shall exonerate the bond if:
3224          (i) the surety or surety insurer has delivered the defendant to the county jail booking
3225     facility in the county where the original charge or charges are pending;
3226          (ii) the defendant has been released on a bond secured from a subsequent surety or
3227     surety insurer for the original charge and the failure to appear;
3228          (iii) after an arrest, the defendant has escaped from jail or has been released on the
3229     defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
3230     capacity, or by a sheriff's release under Section 17-22-5.5;
3231          (iv) the surety or surety insurer has transported or agreed to pay for the transportation
3232     of the defendant from a location outside of the county back to the county where the original
3233     charge is pending, and the payment is in an amount equal to [government transportation
3234     expenses listed in Section 76-3-201] the cost of government transportation under Section
3235     76-3-201; or
3236          (v) the surety or surety insurer demonstrates by a preponderance of the evidence that:
3237          (A) at the time the surety or surety insurer issued the bond, it had made reasonable
3238     efforts to determine that the defendant was legally present in the United States;
3239          (B) a reasonable person would have concluded, based on the surety's or surety insurer's
3240     determination, that the defendant was legally present in the United States; and
3241          (C) the surety or surety insurer has failed to bring the defendant before the court
3242     because the defendant is in federal custody or has been deported.
3243          (e) Under circumstances not otherwise provided for in this section, the court may
3244     exonerate the bond if it finds that the prosecutor has been given reasonable notice of a surety's
3245     or surety insurer's motion and there is good cause for the bond to be exonerated.
3246          (f) If a surety's or surety insurer's bond has been exonerated under this section and the
3247     surety or surety insurer remains liable for the cost of transportation of the defendant, the surety
3248     or surety insurer may take custody of the defendant for the purpose of transporting the
3249     defendant to the jurisdiction where the charge is pending.

3250          Section 73. Section 77-27-1 is amended to read:
3251          77-27-1. Definitions.
3252          As used in this chapter:
3253          (1) "Appearance" means any opportunity to address the board, a board member, a
3254     panel, or hearing officer, including an interview.
3255          (2) "Board" means the Board of Pardons and Parole.
3256          (3) (a) "Case action plan" means a document developed by the Department of
3257     Corrections that identifies the program priorities for the treatment of the offender[, including].
3258          (b) "Case action plan" includes the criminal risk factors as determined by a risk and
3259     needs assessment conducted by the department.
3260          (4) "Commission" means the State Commission on Criminal and Juvenile Justice
3261     created in Section 63M-7-201.
3262          (5) "Commutation" is the change from a greater to a lesser punishment after
3263     conviction.
3264          (6) "Criminal accounts receivable" means the same as that term is defined in Section
3265     77-32b-102.
3266          [(6)] (7) "Criminal risk factors" means a person's characteristics and behaviors that:
3267          (a) affect that person's risk of engaging in criminal behavior; and
3268          (b) are diminished when addressed by effective treatment, supervision, and other
3269     support resources resulting in reduced risk of criminal behavior.
3270          [(7)] (8) "Department" means the Department of Corrections.
3271          [(8)] (9) "Expiration" [occurs] means when the maximum sentence has run.
3272          [(9)] (10) "Family" means [persons] any individual related to the victim as a spouse,
3273     child, sibling, parent, or grandparent, or the victim's legal guardian.
3274          [(10)] (11) "Hearing" or "full hearing" means an appearance before the board, a panel,
3275     a board member or hearing examiner, at which an offender or inmate is afforded an opportunity
3276     to be present and address the board[, and encompasses the term "full hearing."].
3277          [(11)] (12) "Location," in reference to a hearing, means the physical location at which
3278     the board, a panel, a board member, or a hearing examiner is conducting the hearing, regardless
3279     of the location of any person participating by electronic means.
3280          [(12)] (13) "Open session" means any hearing, before the board, a panel, a board

3281     member, or a hearing examiner [which], that is open to the public, regardless of the location of
3282     any person participating by electronic means.
3283          [(13)] (14) "Panel" means members of the board assigned by the chairperson to a
3284     particular case.
3285          [(14)] (15) "Pardon" [is] means:
3286          (a) an act of grace that forgives a criminal conviction and restores the rights and
3287     privileges forfeited by or because of the criminal conviction[. A pardon releases];
3288          (b) the release of an offender from the entire punishment prescribed for a criminal
3289     offense and from disabilities that are a consequence of the criminal conviction[. A pardon
3290     reinstates]; and
3291          (c) the reinstatement of any civil rights lost as a consequence of conviction or
3292     punishment for a criminal offense.
3293          [(15)] (16) "Parole" [is] means a release from imprisonment on prescribed conditions
3294     which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of
3295     [his] the parolee's sentence.
3296          (17) "Payment schedule" means the same as that term is defined in Section
3297     77-32b-102.
3298          (18) "Pecuniary damages" means the same as that term is defined in Section
3299     77-38b-102.
3300          [(16)] (19) "Probation" [is] means an act of grace by the court suspending the
3301     imposition or execution of a convicted offender's sentence upon prescribed conditions.
3302          (20) "Remit" or "remission" means the same as that term is defined in Section
3303     77-32b-102.
3304          [(17) "Reprieve or respite" is]
3305          (21) "Reprieve" or "respite" means the temporary suspension of the execution of the
3306     sentence.
3307          (22) "Restitution" means the same as that term is defined in Section 77-38b-102.
3308          [(18)] (23) "Termination" [is] means the act of discharging from parole or concluding
3309     the sentence of imprisonment [prior to] before the expiration of the sentence.
3310          [(19)] (24) "Victim" means:
3311          (a) a person against whom the defendant committed a felony or class A misdemeanor

3312     offense[, and regarding which offense] for which a hearing is held under this chapter; or
3313          (b) the victim's family[,] if the victim is deceased as a result of the offense for which a
3314     hearing is held under this chapter.
3315          Section 74. Section 77-27-2 is amended to read:
3316          77-27-2. Board of Pardons and Parole -- Creation -- Compensation -- Functions.
3317          (1) (a) There is created the Board of Pardons and Parole.
3318          (b) The board shall consist of five full-time members and not more than five pro
3319     tempore members to be appointed by the governor with the advice and consent of the Senate in
3320     accordance with Title 63G, Chapter 24, Part 2, Vacancies, and as provided in this section.
3321          (c) The members of the board shall be resident citizens of the state.
3322          (d) The governor shall establish salaries for the members of the board within the salary
3323     range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3324          (2) (a) (i) (A) The full-time board members shall serve terms of five years.
3325          (B) The terms of the full-time members shall be staggered so one board member is
3326     appointed for a term of five years on March 1 of each year.
3327          (ii) (A) The pro tempore members shall serve terms of five years, beginning on March
3328     1 of the year of appointment, with no more than one pro tempore member term beginning or
3329     expiring in the same calendar year.
3330          (B) If a pro tempore member vacancy occurs, the board may submit the names of not
3331     fewer than three or more than five persons to the governor for appointment to fill the vacancy.
3332          (b) All vacancies occurring on the board for any cause shall be filled by the governor
3333     with the advice and consent of the Senate [pursuant to] in accordance with this section for the
3334     unexpired term of the vacating member.
3335          (c) The governor may at any time remove any member of the board for inefficiency,
3336     neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
3337          (d) (i) A member of the board may not hold any other office in the government of the
3338     United States, this state or any other state, or of any county government or municipal
3339     corporation within a state.
3340          (ii) A member may not engage in any occupation or business inconsistent with the
3341     member's duties.
3342          (e) (i) A majority of the board constitutes a quorum for the transaction of business,

3343     including the holding of hearings at any time or any location within or without the state, or for
3344     the purpose of exercising any duty or authority of the board. [Action taken by a majority of the
3345     board regarding whether parole, pardon, commutation, termination of sentence, or remission of
3346     fines or forfeitures may be granted or restitution ordered in individual cases is deemed the
3347     action of the board.]
3348          (ii) An action is deemed the action of the board if the action is taken by a majority of
3349     the board regarding whether:
3350          (A) parole, pardon, commutation, or termination of a sentence is granted in an
3351     offender's case;
3352          (B) remission of a criminal accounts receivable, or a fines or forfeiture, is granted in an
3353     offender's case; or
3354          (C) an offender's payment schedule for a criminal accounts receivable is modified.
3355          (iii) A majority vote of the five full-time members of the board is required for adoption
3356     of rules or policies of general applicability as provided by statute. [However,]
3357          (iv) Notwithstanding Subsection (2)(e)(iii), a vacancy on the board does not impair the
3358     right of the remaining board members to exercise any duty or authority of the board as long as a
3359     majority of the board remains.
3360          (v) A board member shall comply with the conflict of interest provisions described in
3361     Title 63G, Chapter 24, Part 3, Conflicts of Interest.
3362          (f) (i) Any investigation, inquiry, or hearing that the board has authority to undertake or
3363     hold may be conducted by any board member or an examiner appointed by the board.
3364          (ii) When [any of these actions are] an action under Subsection (2)(f)(i) is approved
3365     and confirmed by the board and filed in [its] the board's office, [they are] the action is
3366     considered to be the action of the board and [have] has the same effect as if originally made by
3367     the board.
3368          (g) (i) When a full-time board member is absent or in other extraordinary
3369     circumstances, the chair may, as dictated by public interest and efficient administration of the
3370     board, assign a pro tempore member to act in the place of a full-time member.
3371          (ii) Pro tempore members shall receive a per diem rate of compensation as established
3372     by the Division of Finance and all actual and necessary expenses incurred in attending to
3373     official business.

3374          (h) The chair may request staff and administrative support as necessary from the
3375     [Department of Corrections] department.
3376          (3) (a) Except as provided in Subsection (3)(b), the [Commission on Criminal and
3377     Juvenile Justice] commission shall:
3378          (i) recommend five applicants to the governor for a full-time member appointment to
3379     the [Board of Pardons and Parole] board; and
3380          (ii) consider applicants' knowledge of the criminal justice system, state and federal
3381     criminal law, judicial procedure, corrections policies and procedures, and behavioral sciences.
3382          (b) The procedures and requirements of Subsection (3)(a) do not apply if the governor
3383     appoints a sitting board member to a new term of office.
3384          (4) (a) (i) The board shall appoint an individual to serve as [its] the board's mental
3385     health adviser and may appoint other staff necessary to aid [it] the board in fulfilling [its] the
3386     board's responsibilities under Title 77, Chapter 16a, Commitment and Treatment of Persons
3387     with a Mental Illness.
3388          (ii) The adviser shall prepare reports and recommendations to the board on all persons
3389     adjudicated as guilty with a mental illness, in accordance with Title 77, Chapter 16a,
3390     Commitment and Treatment of Persons with a Mental Illness.
3391          (b) The mental health adviser shall possess the qualifications necessary to carry out the
3392     duties imposed by the board and may not be employed by the [Department of Corrections]
3393     department or the Utah State Hospital.
3394          (i) The [Board of Pardons and Parole] board may review outside employment by the
3395     mental health advisor.
3396          (ii) The [Board of Pardons and Parole] board shall develop rules governing
3397     employment with entities other than the board by the mental health advisor for the purpose of
3398     prohibiting a conflict of interest.
3399          (c) The mental health adviser shall:
3400          (i) act as liaison for the board with the Department of Human Services and local mental
3401     health authorities;
3402          (ii) educate the members of the board regarding the needs and special circumstances of
3403     persons with a mental illness in the criminal justice system;
3404          (iii) in cooperation with the [Department of Corrections] department, monitor the

3405     status of persons in the prison who have been found guilty with a mental illness;
3406          (iv) monitor the progress of other persons under the board's jurisdiction who have a
3407     mental illness;
3408          (v) conduct hearings as necessary in the preparation of reports and recommendations;
3409     and
3410          (vi) perform other duties as assigned by the board.
3411          Section 75. Section 77-27-5 is amended to read:
3412          77-27-5. Board of Pardons and Parole authority.
3413          (1) (a) [The Board of Pardons and Parole] Subject to this chapter and other laws of the
3414     state, and except for a conviction for treason or impeachment, the board shall determine by
3415     majority decision when and under what conditions [any convictions, except for treason or
3416     impeachment, may be pardoned or commuted, subject to this chapter and other laws of the
3417     state.] an offender's conviction may be pardoned or commuted.
3418          (b) The Board of Pardons and Parole shall determine by majority decision when and
3419     under what conditions[, subject to this chapter and other laws of the state, individuals
3420     committed to serve sentences at penal or correctional facilities that are under the jurisdiction of
3421     the Department of Corrections, except treason or impeachment convictions or as otherwise
3422     limited by law, may be released upon parole, ordered to pay restitution, or have their fines,
3423     forfeitures, or restitution remitted, or their sentences terminated.] an offender committed to
3424     serve a sentence at a penal or correctional facility, which is under the jurisdiction of the
3425     department, may:
3426          (i) be released upon parole;
3427          (ii) have a fine or forfeiture remitted;
3428          (iii) have the offender's criminal accounts receivable remitted in accordance with
3429     Section 77-32b-105 or 77-32b-106;
3430          (iv) have the offender's payment schedule modified in accordance with Section
3431     77-32b-103; or
3432          (v) have the offender's sentence terminated.
3433          (c) (i) The board may sit together or in panels to conduct hearings.
3434          (ii) The chair shall appoint members to the panels in any combination and in
3435     accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative

3436     Rulemaking Act, by the board.
3437          (iii) The chair may participate on any panel and when doing so is chair of the panel.
3438          (iv) The chair of the board may designate the chair for any other panel.
3439          [(d) No restitution may be ordered, no fine, forfeiture, or restitution remitted, no parole,
3440     pardon, or commutation granted or sentence terminated, except after a full hearing before the
3441     board or the board's appointed examiner in open session. Any action taken under this
3442     subsection]
3443          (d) (i) Except after a hearing before the board, or the board's appointed examiner, in an
3444     open session, the board may not:
3445          (A) remit a fine or forfeiture for an offender or the offender's criminal accounts
3446     receivable;
3447          (B) release the offender on parole; or
3448          (C) commute, pardon, or terminate an offender's sentence.
3449          (ii) An action taken under this Subsection (1) other than by a majority of the board
3450     shall be affirmed by a majority of the board.
3451          (e) A commutation or pardon may be granted only after a full hearing before the board.
3452          [(f) The board may determine restitution as provided in Section 77-27-6 and
3453     Subsection 77-38a-302(5)(d)(iii)(A).]
3454          (2) (a) In the case of any hearings, timely prior notice of the time and location of the
3455     hearing shall be given to the offender.
3456          (b) The county or district attorney's office responsible for prosecution of the case, the
3457     sentencing court, and law enforcement officials responsible for the defendant's arrest and
3458     conviction shall be notified of any board hearings through the board's website.
3459          (c) Whenever possible, the victim or the victim's representative, if designated, shall be
3460     notified of original hearings and any hearing after that if notification is requested and current
3461     contact information has been provided to the board.
3462          (d) (i) Notice to the victim or the victim's representative shall include information
3463     provided in Section 77-27-9.5, and any related rules made by the board under that section.[
3464     This information]
3465          (ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
3466     reasonable for the lay person to understand.

3467          [(3) Decisions of the board in cases involving paroles, pardons, commutations or
3468     terminations of sentence, restitution, or remission of fines or forfeitures are final and are not
3469     subject to judicial review.]
3470          (3) (a) A decision by the board is final and not subject for judicial review if the
3471     decision is regarding:
3472          (i) a pardon, parole, commutation, or termination of an offender's sentence;
3473          (ii) the modification of an offender's payment schedule for restitution; or
3474          (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
3475          (b) Nothing in this section prevents the obtaining or enforcement of a civil judgment[,
3476     including restitution as provided in Section 77-27-6.].
3477          (4) (a) This chapter may not be construed as a denial of or limitation of the governor's
3478     power to grant respite or reprieves in all cases of convictions for offenses against the state,
3479     except treason or conviction on impeachment. [However,]
3480          (b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
3481     next session of the Board of Pardons and Parole [and the board, at that session,].
3482          (c) At the next session of the board, the board:
3483          (i) shall continue or terminate the respite or reprieve[, or it]; or
3484          (ii) may commute the punishment[,] or pardon the offense as provided.
3485          (d) In the case of conviction for treason, the governor may suspend execution of the
3486     sentence until the case is reported to the Legislature at [its] the Legislature's next session.
3487          (e) The Legislature shall [then either] pardon or commute the sentence[, or direct its
3488     execution] or direct the sentence's execution.
3489          (5) (a) In determining when, where, and under what conditions an offender serving a
3490     sentence may be [paroled, pardoned, have restitution ordered, or have the offender's fines or
3491     forfeitures remitted, or the] paroled or pardoned, have a fine or forfeiture remitted, have the
3492     offender's criminal accounts receivable remitted, or have the offender's sentence commuted or
3493     terminated, the board shall:
3494          [(a)] (i) [consider whether the offender has made or is prepared to make restitution as
3495     ascertained in accordance with the standards and procedures of Section 77-38a-302, as a
3496     condition of any parole, pardon, remission of fines or forfeitures, or commutation or
3497     termination of sentence; and] consider whether the offender has made restitution ordered by the

3498     court under Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
3499     pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or
3500     termination of the offender's sentence; and
3501          [(b)] (ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
3502     making determinations under this Subsection (5).
3503          (b) The board shall determine whether to remit an offender's criminal accounts
3504     receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.
3505          (6) In determining whether parole may be terminated, the board shall consider:
3506          (a) the offense committed by the parolee; and
3507          (b) the parole period [as provided in] under Section 76-3-202, and in accordance with
3508     Section 77-27-13.
3509          (7) For [offenders] an offender placed on parole after December 31, 2018, the board
3510     shall terminate parole in accordance with the supervision length guidelines established by the
3511     Utah Sentencing Commission under Section 63M-7-404, to the extent the guidelines are
3512     consistent with the requirements of the law.
3513          Section 76. Section 77-27-6.1 is enacted to read:
3514          77-27-6.1. Payment of a criminal accounts receivable -- Failure to enter an order
3515     for restitution or create a criminal accounts receivable -- Modification of a criminal
3516     accounts receivable -- Order for recovery of costs or pecuniary damages.
3517          (1) When an offender is committed to prison, the board may require the offender to pay
3518     the offender's criminal accounts receivable ordered by the court during the period of
3519     incarceration or parole supervision.
3520          (2) If the board orders the release of an offender on parole and there is an unpaid
3521     balance on the offender's criminal account receivable, the board may modify the payment
3522     schedule entered by the court for the offender's criminal accounts receivable in accordance with
3523     Section 77-32b-105.
3524          (3) (a) If the sentencing court has not entered an order of restitution for an offender
3525     who is under the jurisdiction of the board, the board shall refer the offender's case to the
3526     sentencing court, within the time periods described in Subsection 77-38b-205(5), to enter an
3527     order for restitution for the offender in accordance with Section 77-38b-205.
3528          (b) If the sentencing court has not entered an order to establish a criminal accounts

3529     receivable for an offender who is under the jurisdiction of the board, the board shall refer the
3530     offender's case to the sentencing court, within the time periods described in Subsection
3531     77-38b-205(5), to enter an order to establish a criminal accounts receivable for the offender in
3532     accordance with Section 77-32b-103.
3533          (4) (a) If there is a challenge to an offender's criminal accounts receivable, the board
3534     shall refer the offender's case to the sentencing court, within the time periods described in
3535     Subsection 77-38b-205(5), to resolve the challenge to the criminal accounts receivable.
3536          (b) If a sentencing court modifies a criminal accounts receivable after the offender is
3537     committed to prison, the sentencing court shall provide notice to the board of the modification.
3538          (5) The board may enter an order to recover any cost incurred by the department, or the
3539     state or any other agency, arising out of the offender's needs or conduct.
3540          Section 77. Section 77-27-11 is amended to read:
3541          77-27-11. Revocation of parole.
3542          (1) The board may revoke the parole of any individual who is found to have violated
3543     any condition of the individual's parole.
3544          (2) (a) If a parolee is confined by the [Department of Corrections] department or any
3545     law enforcement official for a suspected violation of parole, the [Department of Corrections]
3546     department:
3547          (i) shall immediately report the alleged violation to the board, by means of an incident
3548     report[,]; and
3549          (ii) make any recommendation regarding the incident.
3550          (b) [No parolee may be] A parolee may not be held for a period longer than 72 hours,
3551     excluding weekends and holidays, without first obtaining a warrant.
3552          (3) Any member of the board may:
3553          (a) issue a warrant based upon a certified warrant request to a peace officer or other
3554     persons authorized to arrest, detain, and return to actual custody a parolee[, and may]; and
3555          (b) upon arrest [or otherwise direct the Department of Corrections to] of the parolee,
3556     determine, or direct the department to determine, if there is probable cause to believe that the
3557     parolee has violated the conditions of the parolee's parole.
3558          (4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
3559     again pending a hearing by the board or [its] the board's appointed examiner.

3560          (5) (a) The board or [its] the board's appointed examiner shall conduct a hearing on the
3561     alleged violation, and the parolee shall have written notice of the time and location of the
3562     hearing, the alleged violation of parole, and a statement of the evidence against the parolee.
3563          (b) The board or [its] the board's appointed examiner shall provide the parolee the
3564     opportunity:
3565          (i) to be present;
3566          (ii) to be heard;
3567          (iii) to present witnesses and documentary evidence;
3568          (iv) to confront and cross-examine adverse witnesses, absent a showing of good cause
3569     for not allowing the confrontation; and
3570          (v) to be represented by counsel when the parolee is mentally incompetent or pleading
3571     not guilty.
3572          (c) (i) If heard by an appointed examiner, the examiner shall make a written decision
3573     which shall include a statement of the facts relied upon by the examiner in determining the
3574     guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the
3575     alleged violation occurred.
3576          (ii) The appointed examiner shall then refer the case to the board for disposition.
3577          [(d) Final decisions shall be reached by majority vote of the members of the board
3578     sitting and the parolee shall be promptly notified in writing of the board's findings and
3579     decision.]
3580          [(6) (a) Parolees found to have violated the conditions of parole may, at the discretion
3581     of the board, be returned to parole, have restitution ordered, or be imprisoned again as
3582     determined by the board, not to exceed the maximum term, or be subject to any other
3583     conditions the board may impose within its discretion.]
3584          (d) (i) A final decision shall be reached by a majority vote of the sitting members of the
3585     board.
3586          (ii) A parolee shall be promptly notified in writing of the board's findings and decision.
3587          (6) (a) If a parolee is found to have violated the terms of parole, the board, at the
3588     board's discretion, may:
3589          (i) return the parolee to parole;
3590          (ii) modify the payment schedule for the parolee's criminal accounts receivable in

3591     accordance with Section 77-32b-105;
3592          (iii) order the parolee to pay pecuniary damages that are proximately caused by a
3593     defendant's violation of the terms of the defendant's parole;
3594          (iv) order the parolee to be imprisoned, but not to exceed the maximum term of
3595     imprisonment for the parolee's sentence; or
3596          (v) order any other conditions for the parolee.
3597          (b) If the board returns the parolee to parole, the length of parole may not be for a
3598     period of time that exceeds the length of the parolee's maximum sentence.
3599          (c) If the board revokes parole for a violation and orders incarceration, the board shall
3600     impose a period of incarceration consistent with the guidelines under Subsection
3601     63M-7-404(5).
3602          (d) The following periods of time constitute service of time toward the period of
3603     incarceration imposed under Subsection (6)(c):
3604          (i) time served in jail by a parolee awaiting a hearing or decision concerning revocation
3605     of parole; and
3606          (ii) time served in jail by a parolee due to a violation of parole under Subsection
3607     64-13-6(2).
3608          Section 78. Section 77-30-24 is amended to read:
3609          77-30-24. Payment of expenses -- Extradition costs.
3610          (1) (a) When the punishment of [the crime] an offense is the confinement of the
3611     defendant in prison, the expenses shall be paid out of the state treasury on the certificate of the
3612     governor and warrant of the auditor[, and in].
3613          (b) In all other cases [they], the expenses for confinement shall be paid out of the
3614     treasury of the county where the [crime] offense is alleged to have been committed.
3615          (c) The expenses shall be the fees paid to the officers of the state on whose governor
3616     the requisition is made.
3617          [(2) Any person who is returned to the state under this chapter, and who is convicted
3618     of, or pleads guilty or no contest to, the criminal charge or to a lesser criminal charge may,
3619     under Sections 76-3-201, 77-27-5, and 77-27-6, be required to make restitution to the
3620     appropriate governmental entities for the costs of his extradition.]
3621          (2) If a defendant is returned to the state under this chapter and the defendant is

3622     convicted of, or pleads guilty or no contest to, the offense or to a lesser offense, the defendant
3623     may be required to pay the costs of extradition to the appropriate governmental entity as
3624     described in Subsection 76-3-201(4)(c).
3625          Section 79. Section 77-32b-101 is enacted to read:
3626     
CHAPTER 32b. CRIMINAL ACCOUNTS RECEIVABLE AND COSTS

3627          77-32b-101. Title.
3628          This chapter is known as "Criminal Accounts Receivable and Costs."
3629          Section 80. Section 77-32b-102, which is renumbered from Section 77-32a-101 is
3630     renumbered and amended to read:
3631          [77-32a-101].      77-32b-102. Definitions.
3632          As used in this chapter:
3633          [(1) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
3634     surcharges, costs, interest, penalties, restitution to victims, third party claims, claims,
3635     reimbursement of a reward, and damages.]
3636          [(2) "Criminal judgment accounts receivable" means any amounts owed by a criminal
3637     defendant arising from a criminal judgment that has not been paid. This includes fines,
3638     surcharges, costs, interest, and restitution.]
3639          (1) "Board" means the Board of Pardons and Parole.
3640          (2) (a) "Civil accounts receivable" means any amount of the criminal accounts
3641     receivable that is owed by the defendant that has not been paid on or before the day on which:
3642          (i) the defendant's sentence is terminated; or
3643          (ii) the court enters an order for a civil accounts receivable under Subsection
3644     77-18-114(1) or (2).
3645          (b) "Civil accounts receivable" does not include any amount of the criminal accounts
3646     receivable that is owed by the defendant for restitution.
3647          (3) "Civil judgment of restitution" means any amount of the criminal accounts
3648     receivable that is owed by the defendant for restitution that has not been paid on or before the
3649     day on which the defendant's sentence is terminated.
3650          (4) (a) "Criminal accounts receivable" means any amount owed by a defendant that
3651     arises from a criminal judgment until:
3652          (i) the defendant's sentence terminates;

3653          (ii) the court enters an order for a civil accounts receivable under Subsection
3654     77-18-114(1) or (2); or
3655          (iii) if the court requires the defendant, upon termination of the probation period for the
3656     defendant, to continue to make payments on the criminal accounts as described in Subsection
3657     77-18-105(8), the defendant's sentence expires.
3658          (b) "Criminal accounts receivable" includes unpaid fees, forfeitures, surcharges, costs,
3659     interest, penalties, restitution, third party claims, claims, reimbursement of a reward, and
3660     damages.
3661          [(3)] (5) "Default" means [an account receivable] a civil accounts receivable, a civil
3662     judgment of restitution, or a criminal accounts receivable that is overdue by at least 90 days.
3663          [(4)] (6) "Delinquent" means [an account receivable or installment payment] a civil
3664     accounts receivable, a civil judgment of restitution, or a criminal account receivable that is
3665     overdue by more than 28 days but less than 90 days.
3666          (7) "Payment schedule" means the amount that is be paid by a defendant in
3667     installments, or by a certain date, to satisfy a criminal accounts receivable for the defendant.
3668          (8) "Remit" or "remission" means to forgive or to excuse, in whole or in part, any
3669     unpaid amount of a criminal accounts receivable.
3670          (9) "Restitution" means the same as that term is defined in Section 77-38b-102.
3671          Section 81. Section 77-32b-103 is enacted to read:
3672          77-32b-103. Establishment of a criminal account receivable -- Responsibility --
3673     Payment schedule -- Delinquency or default.
3674          (1) (a) Except as provided in Subsection (1)(b) and (c), at the time of sentencing or
3675     acceptance of a plea in abeyance, the court shall enter an order to establish a criminal accounts
3676     receivable for the defendant.
3677          (b) The court is not required to create a criminal accounts receivable for the defendant
3678     under Subsection (1) if the court finds that the defendant does not owe restitution and there are
3679     no other fines or fees to be assessed against the defendant.
3680          (c) Subject to Subsection 77-38b-205(5), if the court does not create a criminal
3681     accounts receivable for a defendant under Subsection (1), the court shall enter an order to
3682     establish a criminal accounts receivable for the defendant at the time the court enters an order
3683     for restitution under Section 77-38b-205.

3684          (2) After establishing a criminal accounts receivable for a defendant, the court shall:
3685          (a) if a prison sentence is imposed and not suspended for the defendant:
3686          (i) accept any payment for the criminal accounts receivable that is tendered on the date
3687     of sentencing; and
3688          (ii) transfer the responsibility of receiving, distributing, and processing payments for
3689     the criminal accounts receivable to the Office of State Debt Collection; and
3690          (b) for all other cases:
3691          (i) retain the responsibility for receiving, processing, and distributing payments for the
3692     criminal accounts receivable until the court enters a civil accounts receivable or civil judgment
3693     of restitution on the civil judgment docket under Subsection 77-18-114(1) or (2); and
3694          (ii) record each payment by the defendant on the case docket.
3695          (c) For a criminal accounts receivable that a court retains responsibility for receiving,
3696     processing, and distributing payments under Subsection (1)(b)(i), the Judicial Council may
3697     establish rules to require a defendant to pay the cost, or a portion of the cost, that is charged by
3698     a financial institution for the use of a credit or debit card by the defendant to make payments
3699     towards the criminal accounts receivable.
3700          (3) (a) Upon entering an order for a criminal accounts receivable, the court shall
3701     establish a payment schedule for the defendant to make payments towards the criminal
3702     accounts receivable.
3703          (b) In establishing the payment schedule for the defendant, the court shall consider:
3704          (i) the needs of the victim if the criminal accounts receivable includes an order for
3705     restitution under Section 77-38b-205;
3706          (ii) the financial resources of the defendant, as disclosed in the financial declaration
3707     under Section 77-38b-204;
3708          (iii) the burden that the payment schedule will impose on the defendant regarding the
3709     other reasonable obligations of the defendant;
3710          (iv) the ability of the defendant to pay restitution on an installment basis or on other
3711     conditions fixed by the court;
3712          (v) the rehabilitative effect on the defendant of the payment of restitution and method
3713     of payment; and
3714          (vi) any other circumstance that the court determines is relevant.

3715          (4) A payment schedule for a criminal accounts receivable does not limit the ability of
3716     a judgment creditor to pursue collection by any means allowable by law.
3717          (5) If the court orders restitution under Section 77-38b-205, or makes another financial
3718     decision, after sentencing that increases the total amount owed in a defendant's case, the
3719     defendant's criminal accounts receivable balance shall be adjusted to include any new amount
3720     ordered by the court.
3721          (6) (a) If a defendant is incarcerated in a county jail or a secure correctional facility, as
3722     defined in Section 64-13-1, or the defendant is involuntarily committed under Section
3723     62A-15-631:
3724          (i) all payments for a payment schedule shall be suspended for the period of time that
3725     the defendant is incarcerated or involuntarily committed, unless the court, or the board if the
3726     defendant is under the jurisdiction of the board, expressly orders the defendant to make
3727     payments according to the payment schedule; and
3728          (ii) the defendant shall provide the court with notice of the incarceration or involuntary
3729     commitment.
3730          (b) A suspension under Subsection (6)(a) shall remain in place for 60 days after the day
3731     in which the defendant is released from incarceration or commitment.
3732          Section 82. Section 77-32b-104, which is renumbered from Section 77-32a-107 is
3733     renumbered and amended to read:
3734          [77-32a-107].      77-32b-104. Costs -- What constitute costs -- Ability to pay.
3735          [Costs] (1) Except for a cost described in Subsection 76-3-201(4), costs shall be
3736     limited to expenses [specially] incurred by the state or any political subdivision [in] of the state
3737     for investigating, searching for, apprehending, and prosecuting the defendant, including:
3738          (a) attorney fees of counsel assigned to represent the defendant[, and];
3739          (b) investigators' fees[. Costs may]; or
3740          (c) except for a monetary reward that is paid to a codefendant, an accomplice, or a
3741     bounty hunter, a monetary reward that is:
3742          (i) offered to the public in exchange for information that would lead to the
3743     apprehension and conviction of the defendant; and
3744          (ii) paid to a person who provided information that led to the apprehension and
3745     conviction of the defendant.

3746          (2) A cost may not include:
3747          (a) expenses inherent in providing a constitutionally guaranteed trial [or];
3748          (b) expenditures in connection with the maintenance and operation of government
3749     agencies that must be made by the public irrespective of specific violations of law[. Costs may
3750     not include]; or
3751          (c) attorney fees for prosecuting attorneys.
3752          (3) The court may not order a defendant to pay a cost, unless there is evidence that the
3753     defendant is, or will be, able to pay the cost.
3754          (4) In determining the amount of a cost that a defendant is ordered to pay, the court
3755     shall take into account:
3756          (a) the financial resources of the defendant;
3757          (b) the nature of the burden that payment of the cost will impose; and
3758          (c) that restitution is prioritized over any cost.
3759          Section 83. Section 77-32b-105 is enacted to read:
3760          77-32b-105. Petition for remittance or modification of a criminal accounts
3761     receivable before termination of a sentence.
3762          (1) At any time before a defendant's sentence terminates, the defendant may petition
3763     the sentencing court to:
3764          (a) correct an error in a criminal accounts receivable;
3765          (b) modify the payment schedule for the defendant's criminal accounts receivable in
3766     accordance with this section if the defendant is not under the jurisdiction of the board; or
3767          (c) remit, in whole or in part, an unpaid amount of the defendant's criminal accounts
3768     receivable that is not the principal amount owed for restitution in accordance with this section.
3769          (2) If a defendant files a petition under Subsection (1), and it appears to the satisfaction
3770     of the sentencing court that payment of an unpaid amount of a criminal accounts receivable
3771     will impose manifest hardship on the defendant, or the defendant's family, the court may:
3772          (a) if the criminal accounts receivable is not delinquent or in default, remit, in whole or
3773     in part, the unpaid amount of the criminal accounts receivable that is not the principal amount
3774     owed for restitution; or
3775          (b) regardless of whether the criminal accounts receivable is delinquent or in default:
3776          (i) require the defendant to pay the criminal accounts receivable, or a specified amount

3777     of the criminal accounts receivable, by a certain date;
3778          (ii) modify the payment schedule for the criminal accounts receivable in accordance
3779     with the factors described in Subsection 77-32b-103(3)(b) if the defendant has demonstrated
3780     that the criminal accounts receivable will impose a manifest hardship due to changed
3781     circumstances or new evidence that justifies modifying the payment schedule; or
3782          (iii) allow the defendant to satisfy an unpaid amount of the criminal accounts
3783     receivable that is not the principal amount owed for restitution with proof of compensatory
3784     service completed by the defendant at a rate of credit not less than $10 for each hour of
3785     compensatory service.
3786          (3) (a) If a defendant is under the jurisdiction of the board, the defendant may petition
3787     the board, at any time before the defendant's sentence terminates, to modify the payment
3788     schedule for the defendant's criminal accounts receivable.
3789          (b) If a defendant files a petition under Subsection (3)(a), the board may modify the
3790     payment schedule for the criminal accounts receivable in accordance with the factors described
3791     in Subsection 77-32b-103(3)(b) if the defendant has demonstrated that the criminal accounts
3792     receivable will impose a manifest hardship to the defendant, or the defendant's family, due to
3793     changed circumstances or new evidence that justifies modifying the payment schedule.
3794          Section 84. Section 77-32b-106 is enacted to read:
3795          77-32b-106. Petition for remittance of an unpaid balance of a criminal accounts
3796     receivable upon termination of a sentence.
3797          (1) (a) If a defendant is not under the jurisdiction of the board, and if any amount of a
3798     defendant's criminal accounts receivable is unpaid at the termination of the defendant's
3799     sentence, the defendant may petition the sentencing court, within 90 days after the day on
3800     which the sentence is terminated, to remit, in whole or in part, the unpaid amount of the
3801     criminal accounts receivable.
3802          (b) (i) If a defendant is under the jurisdiction of the board, and if any amount of the
3803     defendant's criminal accounts receivable is unpaid at the termination of the defendant's
3804     sentence, the defendant may petition the board within 90 days after the day on which the
3805     sentence is terminated, to remit, in whole or in part, the unpaid amount of the criminal accounts
3806     receivable.
3807          (ii) If a defendant files a petition for remittance under Subsection (1)(b)(i) within 90

3808     days from the day on which the defendant's sentence is terminated, the board retains
3809     jurisdiction over the defendant's case beyond the termination of the defendant's sentence to
3810     determine whether to remit, in whole or in part, the defendant's criminal accounts receivable.
3811          (2) (a) If a petition is filed under Subsection (1), a hearing shall be held, unless the
3812     court or the board determines that the petition under Subsection (1) is frivolous or the petition
3813     is uncontested.
3814          (b) If a hearing is held under Subsection (2)(a), and the court, or the board, finds by a
3815     preponderance of the evidence that the factors listed in Subsection (3) weigh in favor of
3816     remitting, in whole or in part, the unpaid amount of a criminal accounts receivable, the court or
3817     the board may remit:
3818          (i) any of the unpaid amount of the criminal accounts receivable that is not the
3819     principal amount owed for restitution; or
3820          (ii) if the victim consents to remittance of the unpaid amount of the criminal accounts
3821     receivable that is restitution that the defendant owes to the victim, any of the unpaid amount of
3822     restitution that defendant owes to the victim.
3823          (c) The court, or the board, shall give the prosecuting attorney and the victim:
3824          (i) notice of a hearing on the remittance of a criminal accounts receivable; and
3825          (ii) an opportunity to be heard at the hearing.
3826          (d) Nothing in this section shall be construed to prohibit a victim from pursuing a
3827     private action against a defendant, even if the victim consents to the remission of restitution.
3828          (3) In making a determination to remit an unpaid amount of a criminal accounts
3829     receivable, the court, or the board, shall consider:
3830          (a) whether the defendant has made substantial and good faith efforts to make
3831     payments on the criminal accounts receivable;
3832          (b) the needs of the victim;
3833          (c) whether the remission would further the rehabilitation of the defendant;
3834          (d) the ability of the defendant to continue to make payments on a civil accounts
3835     receivable; and
3836          (e) any other factor that the court or the board determines is relevant.
3837          (4) If any unpaid amount of a criminal accounts receivable is not remitted by the court
3838     or the board upon termination of the defendant's sentence, the court shall proceed with an order

3839     for a civil judgment of restitution and a civil accounts receivable as described in Section
3840     77-18-114.
3841          Section 85. Section 77-32b-107, which is renumbered from Section 77-32a-110 is
3842     renumbered and amended to read:
3843          [77-32a-110].      77-32b-107. Verified statement of time and expenses of
3844     counsel for indigent defendants.
3845          The court may require a verified statement of time and expenses from appointed
3846     counsel, or the nonprofit legal aid or other association providing counsel [to convicted indigent
3847     defendants], for a convicted indigent defendant in order to establish [the costs, if any, which
3848     will be included in the judgment] any cost under Section 77-32b-104 that will be included in
3849     the judgment.
3850          Section 86. Section 77-37-3 is amended to read:
3851          77-37-3. Bill of rights.
3852          (1) The bill of rights for victims and witnesses is:
3853          (a) Victims and witnesses have a right to be informed as to the level of protection from
3854     intimidation and harm available to them, and from what sources, as they participate in criminal
3855     justice proceedings as designated by Section 76-8-508, regarding witness tampering, and
3856     Section 76-8-509, regarding threats against a victim. Law enforcement, prosecution, and
3857     corrections personnel have the duty to timely provide this information in a form which is useful
3858     to the victim.
3859          (b) Victims and witnesses, including children and their guardians, have a right to be
3860     informed and assisted as to their role in the criminal justice process. All criminal justice
3861     agencies have the duty to provide this information and assistance.
3862          (c) Victims and witnesses have a right to clear explanations regarding relevant legal
3863     proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
3864     All criminal justice agencies have the duty to provide these explanations.
3865          (d) Victims and witnesses should have a secure waiting area that does not require them
3866     to be in close proximity to defendants or the family and friends of defendants. Agencies
3867     controlling facilities shall, whenever possible, provide this area.
3868          (e) Victims may seek restitution or reparations, including medical costs, as provided in
3869     Title 63M, Chapter 7, Criminal Justice and Substance Abuse, [and Sections 62A-7-109.5,

3870     77-38a-302, and 77-27-6.] Title 77, Chapter 38b, Crime Victims Restitution Act, and Section
3871     78A-6-117. State and local government agencies that serve victims have the duty to have a
3872     functional knowledge of the procedures established by the Crime Victim Reparations Board
3873     and to inform victims of these procedures.
3874          (f) Victims and witnesses have a right to have any personal property returned as
3875     provided in Sections 77-24a-1 through 77-24a-5. Criminal justice agencies shall expeditiously
3876     return the property when it is no longer needed for court law enforcement or prosecution
3877     purposes.
3878          (g) Victims and witnesses have the right to reasonable employer intercession services,
3879     including pursuing employer cooperation in minimizing employees' loss of pay and other
3880     benefits resulting from their participation in the criminal justice process. Officers of the court
3881     shall provide these services and shall consider victims' and witnesses' schedules so that
3882     activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may
3883     request that the responsible agency intercede with employers or other parties.
3884          (h) Victims and witnesses, particularly children, should have a speedy disposition of
3885     the entire criminal justice process. All involved public agencies shall establish policies and
3886     procedures to encourage speedy disposition of criminal cases.
3887          (i) Victims and witnesses have the right to timely notice of judicial proceedings they
3888     are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies
3889     have the duty to provide these notifications. Defense counsel and others have the duty to
3890     provide timely notice to prosecution of any continuances or other changes that may be required.
3891          (j) Victims of sexual offenses have the following rights:
3892          (i) the right to request voluntary testing for themselves for HIV infection as provided in
3893     Section 76-5-503 and to request mandatory testing of the alleged sexual offender for HIV
3894     infection as provided in Section 76-5-502;
3895          (ii) the right to be informed whether a DNA profile was obtained from the testing of
3896     the rape kit evidence or from other crime scene evidence;
3897          (iii) the right to be informed whether a DNA profile developed from the rape kit
3898     evidence or other crime scene evidence has been entered into the Utah Combined DNA Index
3899     System;
3900          (iv) the right to be informed whether there is a match between a DNA profile

3901     developed from the rape kit evidence or other crime scene evidence and a DNA profile
3902     contained in the Utah Combined DNA Index System, provided that disclosure would not
3903     impede or compromise an ongoing investigation; and
3904          (v) the right to designate a person of the victim's choosing to act as a recipient of the
3905     information provided under this Subsection (1)(j) and under Subsections (2) and (3).
3906          (k) Subsections (1)(j)(ii) through (iv) do not require that the law enforcement agency
3907     communicate with the victim or the victim's designee regarding the status of DNA testing,
3908     absent a specific request received from the victim or the victim's designee.
3909          (2) The law enforcement agency investigating a sexual offense may:
3910          (a) release the information indicated in Subsections (1)(j)(ii) through (iv) upon the
3911     request of a victim or the victim's designee and is the designated agency to provide that
3912     information to the victim or the victim's designee;
3913          (b) require that the victim's request be in writing; and
3914          (c) respond to the victim's request with verbal communication, written communication,
3915     or by email, if an email address is available.
3916          (3) The law enforcement agency investigating a sexual offense has the following
3917     authority and responsibilities:
3918          (a) If the law enforcement agency determines that DNA evidence will not be analyzed
3919     in a case where the identity of the perpetrator has not been confirmed, the law enforcement
3920     agency shall notify the victim or the victim's designee.
3921          (b) (i) If the law enforcement agency intends to destroy or dispose of rape kit evidence
3922     or other crime scene evidence from an unsolved sexual assault case, the law enforcement
3923     agency shall provide written notification of that intention and information on how to appeal the
3924     decision to the victim or the victim's designee of that intention.
3925          (ii) Written notification under this Subsection (3) shall be made not fewer than 60 days
3926     prior to the destruction or disposal of the rape kit evidence or other crime scene evidence.
3927          (c) A law enforcement agency responsible for providing information under Subsections
3928     (1)(j)(ii) through (iv), (2), and (3) shall do so in a timely manner and, upon request of the
3929     victim or the victim's designee, shall advise the victim or the victim's designee of any
3930     significant changes in the information of which the law enforcement agency is aware.
3931          (d) The law enforcement agency investigating the sexual offense is responsible for

3932     informing the victim or the victim's designee of the rights established under Subsections
3933     (1)(j)(ii) through (iv) and (2), and this Subsection (3).
3934          (4) Informational rights of the victim under this chapter are based upon the victim
3935     providing the current name, address, telephone number, and email address, if an email address
3936     is available, of the person to whom the information should be provided to the criminal justice
3937     agencies involved in the case.
3938          Section 87. Section 77-37-5 is amended to read:
3939          77-37-5. Remedies -- District Victims' Rights Committee.
3940          (1) In each judicial district, the Utah Council on Victims of Crime, established in
3941     Section 63M-7-601, shall appoint a person who shall chair a judicial district victims' rights
3942     committee consisting of:
3943          (a) a county attorney or district attorney;
3944          (b) a sheriff;
3945          (c) a corrections field services administrator;
3946          (d) an appointed victim advocate;
3947          (e) a municipal attorney;
3948          (f) a municipal chief of police; and
3949          (g) other representatives as appropriate.
3950          (2) The committee shall meet at least semiannually to review progress and problems
3951     related to this chapter, Title 77, Chapter 38, Rights of Crime Victims Act, Title 77, Chapter
3952     [38a] 38b, Crime Victims Restitution Act, and Utah Constitution Article I, Section 28. Victims
3953     and other interested parties may submit matters of concern to the victims' rights committee.
3954     The committee may hold a hearing open to the public on any appropriate matter of concern and
3955     may publish its findings. These matters shall also be considered at the meetings of the victims'
3956     rights committee. The committee shall forward minutes of all meetings to the Utah Council on
3957     Victims of Crime for review and other appropriate action.
3958          (3) If a victims' rights committee is unable to resolve a complaint, it may refer the
3959     complaint to the Utah Council on Victims of Crime.
3960          (4) The Utah Office for Victims of Crime shall provide materials to local law
3961     enforcement to inform every victim of a sexual offense of the right to request testing of the
3962     convicted sexual offender and of the victim as provided in Section 76-5-502.

3963          (5) (a) If a person acting under color of state law willfully or wantonly fails to perform
3964     duties so that the rights in this chapter are not provided, an action for injunctive relief may be
3965     brought against the individual and the government entity that employs the individual.
3966          (b) For all other violations, if the committee finds a violation of a victim's right, it shall
3967     refer the matter to the appropriate court for further proceedings consistent with Subsection
3968     77-38-11(2).
3969          (c) The failure to provide the rights in this chapter or Title 77, Chapter 38, Rights of
3970     Crime Victims Act, does not constitute cause for a judgment against the state or any
3971     government entity, or any individual employed by the state or any government entity, for
3972     monetary damages, attorney fees, or the costs of exercising any rights under this chapter.
3973          (6) The person accused of and subject to prosecution for the crime or the act which
3974     would be a crime if committed by a competent adult, has no standing to make a claim
3975     concerning any violation of the provisions of this chapter.
3976          Section 88. Section 77-38-3 is amended to read:
3977          77-38-3. Notification to victims -- Initial notice, election to receive subsequent
3978     notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact
3979     order.
3980          (1) Within seven days [of the filing of felony criminal charges] after the day on which
3981     felony criminal charges are filed against a defendant, the prosecuting agency shall provide an
3982     initial notice to reasonably identifiable and locatable victims of the crime contained in the
3983     charges, except as otherwise provided in this chapter.
3984          (2) The initial notice to the victim of a crime shall provide information about electing
3985     to receive notice of subsequent important criminal justice hearings listed in Subsections
3986     77-38-2(5)(a) through (f) and rights under this chapter.
3987          (3) The prosecuting agency shall provide notice to a victim of a crime:
3988          (a) for the important criminal justice hearings, provided in Subsections 77-38-2(5)(a)
3989     through (f), which the victim has requested; and
3990          [(b) for restitution requests to be submitted as provided in Subsection
3991     77-38a-302(5)(d)]
3992          (b) for a restitution request to be submitted in accordance with Section 77-38b-202.
3993          (4) (a) The responsible prosecuting agency may provide initial and subsequent notices

3994     in any reasonable manner, including telephonically, electronically, orally, or by means of a
3995     letter or form prepared for this purpose.
3996          (b) In the event of an unforeseen important criminal justice hearing, listed in
3997     Subsections 77-38-2(5)(a) through (f) for which a victim has requested notice, a good faith
3998     attempt to contact the victim by telephone shall be considered sufficient notice, provided that
3999     the prosecuting agency subsequently notifies the victim of the result of the proceeding.
4000          (5) (a) The court shall take reasonable measures to ensure that its scheduling practices
4001     for the proceedings provided in Subsections 77-38-2(5)(a) through (f) permit an opportunity for
4002     victims of crimes to be notified.
4003          (b) The court shall [also] consider whether any notification system [it] that the court
4004     might use to provide notice of judicial proceedings to defendants could be used to provide
4005     notice of [those same] judicial proceedings to victims of crimes.
4006          (6) A defendant or, if it is the moving party, the Division of Adult Probation and
4007     Parole, shall give notice to the responsible prosecuting agency of any motion for modification
4008     of any determination made at any of the important criminal justice hearings provided in
4009     Subsections 77-38-2(5)(a) through (f) in advance of any requested court hearing or action so
4010     that the prosecuting agency may comply with [its] the prosecuting agency's notification
4011     obligation.
4012          (7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and
4013     Parole for the important criminal justice hearing [provided in] under Subsection 77-38-2(5)(g).
4014          (b) The board may provide notice in any reasonable manner, including telephonically,
4015     electronically, orally, or by means of a letter or form prepared for this purpose.
4016          (8) Prosecuting agencies and the Board of Pardons and Parole are required to give
4017     notice to a victim of a crime for the proceedings provided in Subsections 77-38-2(5)(a) through
4018     (f) only where the victim has responded to the initial notice, requested notice of subsequent
4019     proceedings, and provided a current address and telephone number if applicable.
4020          (9) To facilitate the payment of restitution and the notice of hearings regarding
4021     restitution, a victim who seeks restitution and notice of restitution hearings shall provide the
4022     court with the victim's current address and telephone number.
4023          [(9)] (10) (a) Law enforcement and criminal justice agencies shall refer any requests
4024     for notice or information about crime victim rights from victims to the responsible prosecuting

4025     agency.
4026          (b) In a case in which the Board of Pardons and Parole is involved, the responsible
4027     prosecuting agency shall forward any request for notice [it] the prosecuting agency has received
4028     from a victim to the Board of Pardons and Parole.
4029          [(10)] (11) In all cases where the number of victims exceeds 10, the responsible
4030     prosecuting agency may send any notices required under this chapter in [its] the prosecuting
4031     agency's discretion to a representative sample of the victims.
4032          [(11)] (12) (a) A victim's address, telephone number, and victim impact statement
4033     maintained by a peace officer, prosecuting agency, Youth Parole Authority, Division of
4034     Juvenile Justice Services, Department of Corrections, Utah State Courts, and Board of Pardons
4035     and Parole, for purposes of providing notice under this section, [is] are classified as protected
4036     [as provided in] under Subsection 63G-2-305(10).
4037          (b) The victim's address, telephone number, and victim impact statement is available
4038     only to the following persons or entities in the performance of their duties:
4039          (i) a law enforcement agency, including the prosecuting agency;
4040          (ii) a victims' right committee as provided in Section 77-37-5;
4041          (iii) a governmentally sponsored victim or witness program;
4042          (iv) the Department of Corrections;
4043          (v) the Utah Office for Victims of Crime;
4044          (vi) the Commission on Criminal and Juvenile Justice; [and]
4045          (vii) the Utah State Courts; and
4046          [(vii)] (viii) the Board of Pardons and Parole.
4047          [(12)] (13) The notice provisions as provided in this section do not apply to
4048     misdemeanors as provided in Section 77-38-5 and to important juvenile justice hearings as
4049     provided in Section 77-38-2.
4050          [(13)] (14) (a) When a defendant is charged with a felony crime under Sections
4051     76-5-301 through 76-5-310 regarding kidnapping, human trafficking, and human smuggling;
4052     Sections 76-5-401 through 76-5-413 regarding sexual offenses; or Section 76-10-1306
4053     regarding aggravated exploitation of prostitution, the court may, during any court hearing
4054     where the defendant is present, issue a pretrial criminal no contact order:
4055          (i) prohibiting the defendant from harassing, telephoning, contacting, or otherwise

4056     communicating with the victim directly or through a third party;
4057          (ii) ordering the defendant to stay away from the residence, school, place of
4058     employment of the victim, and the premises of any of these, or any specified place frequented
4059     by the victim or any designated family member of the victim directly or through a third party;
4060     and
4061          (iii) ordering any other relief that the court considers necessary to protect and provide
4062     for the safety of the victim and any designated family or household member of the victim.
4063          (b) Violation of a pretrial criminal no contact order issued pursuant to this section is a
4064     third degree felony.
4065          (c) (i) The court shall provide to the victim a certified copy of any pretrial criminal no
4066     contact order that has been issued if the victim can be located with reasonable effort.
4067          (ii) The court shall also transmit the pretrial criminal no contact order to the statewide
4068     domestic violence network in accordance with Section 78B-7-113.
4069          Section 89. Section 77-38-15 is amended to read:
4070          77-38-15. Civil action against human traffickers and human smugglers.
4071          (1) A victim of a person that commits the offense of human trafficking or human
4072     smuggling under Section 76-5-308, human trafficking of a child under Section 76-5-308.5,
4073     aggravated human trafficking or aggravated human smuggling under Section 76-5-310, or
4074     benefitting from human trafficking under Subsection 76-5-309(4) may bring a civil action
4075     against that person.
4076          (2) (a) The court may award actual damages, compensatory damages, punitive
4077     damages, injunctive relief, or any other appropriate relief.
4078          (b) The court may award treble damages on proof of actual damages if the court finds
4079     that the person's acts were willful and malicious.
4080          (3) In an action under this section, the court shall award a prevailing victim reasonable
4081     attorney fees and costs.
4082          (4) An action under this section shall be commenced no later than 10 years after the
4083     later of:
4084          (a) the day on which the victim was freed from the human trafficking or human
4085     smuggling situation;
4086          (b) the day on which the victim attains 18 years [of age] old; or

4087          (c) if the victim was unable to bring an action due to a disability, the day on which the
4088     victim's disability ends.
4089          (5) The time period described in Subsection (4) is tolled during a period of time when
4090     the victim fails to bring an action due to the person:
4091          (a) inducing the victim to delay filing the action;
4092          (b) preventing the victim from filing the action; or
4093          (c) threatening and causing duress upon the victim in order to prevent the victim from
4094     filing the action.
4095          (6) The court shall offset damages awarded to the victim under this section by any
4096     restitution paid to the victim under Title 77, Chapter [38a] 38b, Crime Victims Restitution Act.
4097          (7) A victim may bring an action described in this section in any court of competent
4098     jurisdiction where:
4099          (a) a violation described in Subsection (1) occurred;
4100          (b) the victim resides; or
4101          (c) the person that commits the offense resides or has a place of business.
4102          (8) If the victim is deceased or otherwise unable to represent the victim's own interests
4103     in court, a legal guardian, family member, representative of the victim, or court appointee may
4104     bring an action under this section on behalf of the victim.
4105          (9) This section does not preclude any other remedy available to the victim under the
4106     laws of this state or under federal law.
4107          Section 90. Section 77-38b-101, which is renumbered from Section 77-38a-101 is
4108     renumbered and amended to read:
4109     
CHAPTER 38b. CRIME VICTIMS RESTITUTION ACT

4110     
Part 1. General Provisions

4111          [77-38a-101].      77-38b-101. Title.
4112          This chapter is known as the "Crime Victims Restitution Act."
4113          Section 91. Section 77-38b-102, which is renumbered from Section 77-38a-102 is
4114     renumbered and amended to read:
4115          [77-38a-102].      77-38b-102. Definitions.
4116          As used in this chapter:
4117          [(1) "Conviction" includes a:]

4118          [(a) judgment of guilt;]
4119          [(b) a plea of guilty; or]
4120          [(c) a plea of no contest.]
4121          (1) (a) "Conviction" means:
4122          (i) a plea of:
4123          (A) guilty;
4124          (B) guilty with a mental illness; or
4125          (C) no contest; or
4126          (ii) a judgment of:
4127          (A) guilty; or
4128          (B) guilty with a mental illness.
4129          (b) "Conviction" does not include:
4130          (i) a plea in abeyance until a conviction is entered for the plea in abeyance;
4131          (ii) a diversion agreement; or
4132          (iii) an adjudication of a minor for an offense under Section 78A-6-117.
4133          (2) "Criminal [activities"] conduct" means:
4134          (a) any misdemeanor or felony offense of which the defendant is convicted; or
4135          (b) any other criminal [conduct] behavior for which the defendant admits responsibility
4136     to the sentencing court with or without an admission of committing the criminal [conduct]
4137     behavior.
4138          (3) (a) "Defendant" means an individual who has been convicted of, or entered into a
4139     plea disposition for, [a criminal activity] criminal conduct.
4140          (b) "Defendant" does not include a minor, as defined in Section 78A-6-105, who is
4141     adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 78A, Chapter
4142     6, Juvenile Court Act.
4143          (4) "Department" means the Department of Corrections.
4144          (5) ["Diversion"] "Diversion agreement" means [suspending] an agreement entered
4145     into by the prosecuting attorney and the defendant that suspends criminal proceedings [prior to]
4146     before conviction on the condition that a defendant agree to participate in a rehabilitation
4147     program, [make] pay restitution to the victim, or fulfill some other condition.
4148          (6) "Office" means the Office of State Debt Collection created in Section 63A-3-502.

4149          [(6)] (7) "Party" means the [prosecutor,] prosecuting attorney, the defendant, or the
4150     department involved in a prosecution.
4151          [(7) "Pecuniary damages" means all demonstrable economic injury, whether or not yet
4152     incurred, including those which a person could recover in a civil action arising out of the facts
4153     or events constituting the defendant's criminal activities and includes the fair market value of
4154     property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings,
4155     including those and other travel expenses reasonably incurred as a result of participation in
4156     criminal proceedings, and medical and other expenses, but excludes punitive or exemplary
4157     damages and pain and suffering.]
4158          (8) "Payment schedule" means the same as that term is defined in Section 77-32b-102.
4159          (9) (a) "Pecuniary damages" means all demonstrable economic injury, losses, and
4160     expenses regardless of whether the economic injury, losses, and expenses have yet been
4161     incurred.
4162          (b) "Pecuniary damages" does not include punitive damages or pain and suffering
4163     damages.
4164          [(8)] (10) "Plea agreement" means an agreement entered between the [prosecution]
4165     prosecuting attorney and the defendant setting forth the special terms and conditions and
4166     criminal charges upon which the defendant will enter a plea of guilty or no contest.
4167          [(9)] (11) "Plea disposition" means an agreement entered into between the
4168     [prosecution] prosecuting attorney and the defendant including a diversion agreement, a plea
4169     agreement, a plea in abeyance agreement, or any agreement by which the defendant may enter a
4170     plea in any other jurisdiction or where charges are dismissed without a plea.
4171          [(10)] (12) "Plea in abeyance" means an order by a court, upon motion of the
4172     [prosecution] prosecuting attorney and the defendant, accepting a plea of guilty or of no contest
4173     from the defendant but not, at that time, entering judgment of conviction against [him] the
4174     defendant nor imposing sentence upon [him] the defendant on condition that [he] the defendant
4175     comply with specific conditions as set forth in a plea in abeyance agreement.
4176          [(11)] (13) "Plea in abeyance agreement" means an agreement entered into between the
4177     [prosecution] prosecuting attorney and the defendant setting forth the specific terms and
4178     conditions upon which, following acceptance of the agreement by the court, a plea may be held
4179     in abeyance.

4180          [(12) "Restitution" means full, partial, or nominal payment for pecuniary damages to a
4181     victim, including prejudgment interest, the accrual of interest from the time of sentencing,
4182     insured damages, reimbursement for payment of a reward, and payment for expenses to a
4183     governmental entity for extradition or transportation and as may be further defined by law.]
4184          [(13) (a) "Reward" means a sum of money:]
4185          [(i) offered to the public for information leading to the arrest and conviction of an
4186     offender; and]
4187          [(ii) that has been paid to a person or persons who provide this information, except that
4188     the person receiving the payment may not be a codefendant, an accomplice, or a bounty
4189     hunter.]
4190          [(b) "Reward" does not include any amount paid in excess of the sum offered to the
4191     public.]
4192          [(14) "Screening" means the process used by a prosecuting attorney to terminate
4193     investigative action, proceed with prosecution, move to dismiss a prosecution that has been
4194     commenced, or cause a prosecution to be diverted.]
4195          [(15) (a) "Victim" means an individual or entity, including the Utah Office for Victims
4196     of Crime, that the court determines has suffered pecuniary damages as a result of the
4197     defendant's criminal activities.]
4198          [(b) "Victim" may not include a codefendant or accomplice.]
4199          (14) "Restitution" means the payment of pecuniary damages to a victim.
4200          (15) (a) "Victim" means any person who has suffered pecuniary damages that are
4201     proximately caused by the criminal conduct of the defendant.
4202          (b) "Victim" includes:
4203          (i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes
4204     a payment to a victim under Section 63M-7-519;
4205          (ii) the estate of a deceased victim; and
4206          (iii) a parent, spouse, or sibling of a victim.
4207          (c) "Victim" does not include a codefendant or accomplice.
4208          Section 92. Section 77-38b-201 is enacted to read:
4209     
Part 2. Determination of Restitution

4210          77-38b-201. Law enforcement responsibility for collecting restitution

4211     information.
4212          A law enforcement agency investigating criminal conduct that would constitute a felony
4213     or a misdemeanor shall include all information about restitution for any potential victim in the
4214     investigative report, including information about:
4215          (1) whether a claim for restitution exists;
4216          (2) the basis for the claim; and
4217          (3) the estimated or actual amount of the claim.
4218          Section 93. Section 77-38b-202 is enacted to read:
4219          77-38b-202. Prosecuting attorney responsibility for collecting restitution
4220     information -- Depositing restitution on behalf of victim.
4221          (1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting
4222     attorney shall:
4223          (a) contact any known victim of the offense for which the criminal charge is filed, or
4224     person asserting a claim for restitution on behalf of the victim; and
4225          (b) gather the following information from the victim or person:
4226          (i) the name of the victim or person; and
4227          (ii) the actual or estimated amount of restitution.
4228          (2) (a) When a conviction, a diversion agreement, or a plea in abeyance is entered by
4229     the court, the prosecuting attorney shall provide the court with the information gathered by the
4230     prosecuting attorney under Subsection (1)(b).
4231          (b) If, at the time of the plea disposition or conviction, the prosecuting attorney does
4232     not have all the information under Subsection (1)(b), the prosecuting attorney shall provide the
4233     defendant with:
4234          (i) at the time of plea disposition or conviction, all information under Subsection (1)(b)
4235     that is reasonably available to the prosecuting attorney; and
4236          (ii) any information under Subsection (1)(b) as the information becomes available to
4237     the prosecuting attorney.
4238          (c) Nothing in this section shall be construed to prevent a prosecuting attorney, a
4239     victim, or a person asserting a claim for restitution on behalf of a victim from:
4240          (i) submitting information on, or a request for, restitution to the court within the time
4241     periods described in Subsection 77-38b-205(5); or

4242          (ii) submitting information on, or a request for, restitution for additional or substituted
4243     victims within the time periods described in Subsection 77-38b-205(5).
4244          (3) (a) The prosecuting attorney may be authorized by the appropriate public treasurer
4245     to deposit restitution collected on behalf of a victim into an interest-bearing account in
4246     accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of
4247     the funds to the victim.
4248          (b) If restitution is deposited into an interest-bearing account under Subsection (3)(a),
4249     the prosecuting attorney shall:
4250          (i) distribute any interest that accrues in the account to each victim on a pro rata basis;
4251     and
4252          (ii) if all victims have been made whole and funds remain in the account, distribute any
4253     remaining funds to the Division of Finance, created in Section 63A-3-101, to deposit to the
4254     Utah Office for Victims of Crime.
4255          (c) Nothing in this section prevents an independent judicial authority from collecting,
4256     holding, and distributing restitution.
4257          Section 94. Section 77-38b-203 is enacted to read:
4258          77-38b-203. Department of Corrections responsibility for collecting restitution
4259     information -- Presentence investigation report -- In camera review of victim information.
4260          (1) In preparing a presentence investigation report described in Section 77-18-103, the
4261     department shall obtain information on restitution from:
4262          (a) the law enforcement agency and the prosecuting attorney; and
4263          (b) any victim of the offense or person asserting a claim for restitution on behalf of the
4264     victim.
4265          (2) A victim seeking restitution, a prosecuting attorney, or a person asserting a claim
4266     for restitution on behalf of a victim, shall provide the department with:
4267          (a) all invoices, bills, receipts, and any other evidence of pecuniary damages;
4268          (b) all documentation of any compensation or reimbursement from an insurance
4269     company or a local, state, or federal agency that is related to the pecuniary damages for the
4270     offense;
4271          (c) the victim's proof of identification, including the victim's date of birth, social
4272     security number, driver license number; and

4273          (d) the victim's or the person's contact information, including next of kin if available,
4274     current home and work address, and telephone number.
4275          (3) In the presentence investigation report, the department shall make every effort to:
4276          (a) itemize any pecuniary damages suffered by the victim;
4277          (b) include a specific statement on the amount of restitution that the department
4278     recommends for each victim; and
4279          (c) include a victim impact statement that:
4280          (i) provides the name of each victim and any person asserting a claim on behalf of a
4281     victim;
4282          (ii) describes the effect of the offense on the victim and the victim's family;
4283          (iii) describes any physical, mental, or emotional injury suffered by a victim as a result
4284     of the offense and the seriousness and permanence of the injury;
4285          (iv) describes any change in a victim's personal welfare or familial relationships as a
4286     result of the offense;
4287          (v) provides any request for mental health services by a victim or a victim's family
4288     member as a result of the offense; and
4289          (vi) provides any other relevant information regarding the impact of the offense upon a
4290     victim or the victim's family.
4291          (4) (a) A prosecuting attorney and the department may take steps that are reasonably
4292     necessary to protect the identity of a victim and the victim's family in information that is
4293     submitted to the court under this section.
4294          (b) If a defendant seeks to view protected, safeguarded, or confidential information
4295     about a victim or a victim's family, the court shall review the information in camera.
4296          (c) The court may allow the defendant to view the information under Subsection (4)(b)
4297     if the court finds that:
4298          (i) the defendant's interest in viewing the information outweighs the victim's or the
4299     victim's family safety and privacy interests; and
4300          (ii) there are protections in place to safeguard the victim's and the victim's family safety
4301     and privacy interests.
4302          Section 95. Section 77-38b-204, which is renumbered from Section 77-38a-204 is
4303     renumbered and amended to read:

4304          [77-38a-204].      77-38b-204. Financial declaration by defendant.
4305          (1) (a) The Judicial Council shall design and publish a financial declaration form to be
4306     completed by a defendant [in a case where the prosecutor has indicated that restitution may be
4307     ordered.] before the sentencing court establishes a payment schedule under Section
4308     77-38b-205.
4309          (b) The financial declaration form shall:
4310          (i) require a defendant to disclose all assets, income, and financial liabilities of the
4311     defendant, including:
4312          (A) real property;
4313          (B) vehicles;
4314          (C) precious metals or gems;
4315          (D) jewelry with a value of $1,000 or more;
4316          (E) other personal property with a value of $1,000 or more;
4317          (F) [bank account balances] the balance of any bank account and the name of the
4318     financial institution for the bank account;
4319          (G) cash;
4320          (H) salary, wages, commission, tips, and business income, including the name of any
4321     employer or entity from which the defendant receives a salary, wage, commission, tip, or
4322     business income;
4323          (I) pensions and annuities;
4324          (J) intellectual property;
4325          (K) accounts receivable;
4326          (L) accounts payable;
4327          (M) mortgages, loans, and other debts; and
4328          (N) restitution that has been ordered, and not fully paid, in other cases; and
4329          (ii) state that a false statement made in the financial declaration form is punishable as a
4330     class B misdemeanor under Section 76-8-504.
4331          [(2) A defendant shall, before sentencing, or earlier if ordered by the court, complete
4332     the financial declaration described in Subsection (1).]
4333          (2) After a plea disposition or conviction has been entered but before sentencing, a
4334     defendant shall complete the financial declaration form described in Subsection (1).

4335          (3) When a civil judgment of restitution or a civil accounts receivable is entered for a
4336     defendant on the civil judgment docket under Section 77-18-114, the court shall provide the
4337     Office of State Debt Collection with the defendant's financial declaration form.
4338          Section 96. Section 77-38b-205 is enacted to read:
4339          77-38b-205. Order for restitution.
4340          (1) (a) (i) If a defendant is convicted, as defined in Section 76-3-201, the court shall
4341     order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to
4342     all victims:
4343          (A) in accordance with the terms of any plea agreement in the case; or
4344          (B) for the entire amount of pecuniary damages that are proximately caused to each
4345     victim by the criminal conduct of the defendant.
4346          (ii) In determining the amount of pecuniary damages under Subsection (1)(a)(i)(B), the
4347     court shall consider all relevant facts to establish an amount that fully compensates a victim for
4348     all pecuniary damages proximately caused by the criminal conduct of the defendant.
4349          (iii) The court shall enter the determination of the amount of restitution under
4350     Subsection (1)(a)(ii) as a finding on the record.
4351          (b) If a court enters a plea in abeyance or a diversion agreement for a defendant that
4352     includes an agreement to pay restitution, the court shall order the defendant to pay restitution in
4353     accordance with the terms of the plea in abeyance or the diversion agreement.
4354          (2) (a) Upon an order for a defendant to pay restitution under Subsection (1), the court
4355     shall:
4356          (i) enter an order to establish a criminal accounts receivable as described in Section
4357     77-32b-103; and
4358          (ii) establish a payment schedule for the criminal accounts receivable as described in
4359     Section 77-32b-103.
4360          (3) If the defendant objects to the order for restitution or the payment schedule, the
4361     court shall allow the defendant to have a hearing on the issue, unless the issue is addressed at
4362     the sentencing hearing for the defendant.
4363          (4) (a) For a defendant who is sentenced after July 1, 2021, if no restitution is ordered
4364     at sentencing, the court shall schedule a hearing to determine restitution, unless the parties
4365     waive the hearing in accordance with Subsection (4)(b).

4366          (b) The parties may only waive a hearing under Subsection (4)(a) if:
4367          (i) the parties have stipulated to the amount of restitution owed; or
4368          (ii) the prosecuting attorney certifies that the prosecuting attorney has consulted with
4369     the victim, including the Utah Office for Victims of Crime, and the defendant owes no
4370     restitution.
4371          (c) The court may not enter an order for restitution without a statement from the
4372     prosecuting attorney that the prosecuting attorney has consulted with the victim, including the
4373     Utah Office for Victims of Crime.
4374          (d) If the court does not enter an order for restitution in a hearing under Subsection
4375     (4)(a), the court shall:
4376          (i) state, on the record, why the court did not enter an order for restitution; and
4377          (ii) order a continuance of the hearing.
4378          (5) A court shall enter an order for restitution in a defendant's case no later than the
4379     earlier of:
4380          (a) the termination of the defendant's sentence; or
4381          (b) (i) if the defendant is convicted and imprisoned for a first degree felony, within
4382     seven years after the day on which the court sentences the defendant for the first degree felony
4383     conviction;
4384          (ii) except as provided in Subsection (5)(b)(i), and if the defendant is convicted of a
4385     felony, within three years after the day on which the court sentences the defendant for the
4386     felony conviction; and
4387          (iii) if the defendant is convicted of a misdemeanor, within one year after the day on
4388     which the court sentences the defendant for the misdemeanor conviction.
4389          (6) (a) Upon a motion from the prosecuting attorney or the victim, the court may
4390     modify an existing order of restitution, including the amount of pecuniary damages owed by
4391     the defendant in the order for restitution, if the prosecuting attorney or the victim shows good
4392     cause for modifying the order.
4393          (b) A motion under Subsection (6)(a) shall be brought within the time periods
4394     described in Subsection (5).
4395          Section 97. Section 77-38b-301 is enacted to read:
4396     
Part 3. Civil Accounts Receivables and Civil Judgments for Restitution


4397          77-38b-301. Entry of judgment -- Interest -- Civil actions -- Lien -- Delinquency.
4398          (1) As used in this section, "judgment" means an order for:
4399          (a) a civil judgment of restitution; or
4400          (b) a civil accounts receivable.
4401          (2) (a) If the court has entered a judgment on the civil judgment docket under Section
4402     77-18-114, the judgment is enforceable under the Utah Rules of Civil Procedure.
4403          (b) (i) Notwithstanding Subsection (2)(a):
4404          (A) a judgment is an obligation that arises out of the defendant's criminal case;
4405          (B) civil enforcement of a judgment shall be construed as a continuation of the
4406     criminal action for which the judgment arises; and
4407          (C) a judgment is criminal in nature.
4408          (ii) Civil enforcement of a judgment does not divest a defendant of an obligation
4409     imposed in a criminal action as part of the defendant's punishment for an offense.
4410          (3) (a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a judgment
4411     shall expire only upon payment in full, including applicable interest, collection fees, attorney
4412     fees, and liens that directly result from the judgment.
4413          (b) Interest on a judgment may only accrue from the day on which the judgment is
4414     entered on the civil judgment docket by the court.
4415          (c) This Subsection (3) applies to all judgments that are not paid in full on or before
4416     May 12, 2009.
4417          (4) A judgment is considered entered on the civil judgment docket when the judgment
4418     appears on the civil judgment docket with:
4419          (a) an amount owed by the defendant;
4420          (b) the name of the defendant as the judgment debtor; and
4421          (c) the name of the judgment creditors described in Subsections 77-18-114(1)(c)(iii)
4422     and (2)(b).
4423          (5) If a civil judgment of restitution becomes delinquent, or is in default, and upon a
4424     motion from a judgment creditor, the court may order the defendant to appear and show cause
4425     why the defendant should not be held in contempt under Section 78B-6-317 for the
4426     delinquency or the default.
4427          Section 98. Section 77-38b-302 is enacted to read:

4428          77-38b-302. Nondischargability in bankruptcy.
4429          A civil judgment of restitution and a civil accounts receivable are considered a debt
4430     from a criminal case that may not be discharged in bankruptcy.
4431          Section 99. Section 77-38b-303 is enacted to read:
4432          77-38b-303. Civil action by a victim for damages.
4433          (1) (a) A provision under this part concerning restitution does not limit or impair the
4434     right of a person injured by a defendant's criminal conduct to sue and recover damages from the
4435     defendant in a civil action.
4436          (b) A court's finding under Subsection 77-38b-205(1)(a)(iii) may be used in a civil
4437     action for a defendant's liability to a victim as presumptive proof of the victim's pecuniary
4438     damages that are proximately caused by the defendant's criminal conduct.
4439          (c) If a conviction in a criminal trial decides the issue of a defendant's liability for
4440     pecuniary damages suffered by a victim, the issue of the defendant's liability is conclusively
4441     determined as to the defendant if the issue is involved in a subsequent civil action.
4442          (2) (a) The sentencing court shall credit any payment in favor of the victim in a civil
4443     action for the defendant's criminal conduct toward the amount of restitution owed by the
4444     defendant to the victim.
4445          (b) In a civil action, a court shall credit any restitution paid by the defendant to a victim
4446     for the defendant's criminal conduct towards the victim against any judgment that is in favor of
4447     the victim for the civil action.
4448          (c) If a victim receives payment from the defendant for the civil action, the victim shall
4449     provide notice to the sentencing court and the court in the civil action of the payment within 30
4450     days after the day on which the victim receives the payment.
4451          (d) Nothing in this section shall prevent a defendant from providing proof of payment
4452     to the court or the office.
4453          (3) (a) If a victim prevails in a civil action against a defendant, the court shall award
4454     reasonable attorney fees and costs to the victim.
4455          (b) If the defendant prevails in the civil action, the court shall award reasonable costs to
4456     the defendant if the court finds that the victim brought the civil action for an improper purpose,
4457     including to harass the defendant or to cause unnecessary delay or needless increase in the cost
4458     of litigation.

4459          Section 100. Section 77-38b-304, which is renumbered from Section 77-38a-404 is
4460     renumbered and amended to read:
4461          [77-38a-404].      77-38b-304. Priority.
4462          [(1) Restitution payments made pursuant to a court order shall be disbursed to victims
4463     within 60 days of receipt from the defendant by the court or department provided:]
4464          (1) The court, or the office, shall disburse a payment for restitution within 60 days after
4465     the day on which the payment is received from the defendant if:
4466          (a) the victim has complied with Subsection [77-38a-203(1)(b)] 77-38b-203(2);
4467          (b) if the defendant has tendered a negotiable instrument, funds from the financial
4468     institution are actually received; and
4469          (c) the payment to the victim is at least $5, unless the payment is the final payment.
4470          [(2) If restitution to more than one person, agency, or entity is required at the same
4471     time, the department shall establish the following priorities of payment, except as provided in
4472     Subsection (4):]
4473          [(a) the crime victim;]
4474          [(b) the Utah Office for Victims of Crime;]
4475          [(c) any other government agency which has provided reimbursement to the victim as a
4476     result of the offender's criminal conduct;]
4477          [(d) the person, entity, or governmental agency that has offered and paid a reward
4478     under Section 77-32a-101;]
4479          [(e) any insurance company which has provided reimbursement to the victim as a result
4480     of the offender's criminal conduct; and]
4481          [(f) any county correctional facility to which the defendant is required to pay restitution
4482     under Subsection 76-3-201(6).]
4483          [(3) Restitution ordered under Subsection (2)(f) is paid after criminal fines and
4484     surcharges are paid.]
4485          [(4) If the offender is required under Section 53-10-404 to reimburse the department
4486     for the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority
4487     after restitution to the crime victim under Subsection (2)(a).]
4488          [(5) All money collected for court-ordered obligations from offenders by the
4489     department will be applied:]

4490          [(a) first, to victim restitution, except the current and past due amount of $30 per
4491     month required to be collected by the department under Section 64-13-21, if applicable; and]
4492          [(b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection
4493     (4).]
4494          [(6) Restitution owed to more than one victim shall be disbursed to each victim
4495     according to the percentage of each victim's share of the total restitution order.]
4496          (2) The court, or the office, shall disburse money collected from a defendant for a
4497     criminal accounts receivable in the following order of priority:
4498          (a) first, and except as provided in Subsection (4)(b), to restitution owed by the
4499     defendant in accordance with Subsection (4);
4500          (b) second, to the cost of obtaining a DNA specimen from the defendant as described
4501     in Subsection (4)(b);
4502          (c) third, to any criminal fine or surcharge owed by the defendant;
4503          (d) fourth, to the cost owed by the defendant for a reward described in Section
4504     77-32b-104;
4505          (e) fifth, to the cost owed by the defendant for medical care, treatment, hospitalization
4506     and related transportation paid by a county correctional facility under Section 17-50-319; and
4507          (f) sixth, to any other cost owed by the defendant.
4508          (3) The office shall disburse money collected from a defendant for a civil accounts
4509     receivable and civil judgment of restitution in the following order of priority:
4510          (a) first, to any past due amount owed to the department for the monthly supervision
4511     fee under Subsection 64-13-21(6)(a);
4512          (b) second, and except as provided in Subsection (4)(b), to restitution owed by the
4513     defendant in accordance with Subsection (4);
4514          (c) third, to the cost of obtaining a DNA specimen from the defendant in accordance
4515     with Subsection (4)(b);
4516          (d) fourth, to any criminal fine or surcharge owed by the defendant;
4517          (e) fifth, to the cost owed by the defendant for a reward described in Section
4518     77-32b-104;
4519          (f) sixth, to the cost owed by the defendant for medical care, treatment, hospitalization
4520     and related transportation paid by a county correctional facility under Section 17-50-319; and

4521          (g) seventh, to any other cost owed by the defendant.
4522          (4) (a) If a defendant owes restitution to more than one person or government agency at
4523     the same time, the court, or the office, shall disburse a payment for restitution in the following
4524     order of priority:
4525          (i) first, to the victim of the offense;
4526          (ii) second, to the Utah Office for Victims of Crime;
4527          (iii) third, any other government agency that has provided reimbursement to the victim
4528     as a result of the defendant's criminal conduct; and
4529          (iv) fourth, any insurance company that has provided reimbursement to the victim as a
4530     result of the defendant's criminal conduct.
4531          (b) If a defendant is required under Section 53-10-404 to reimburse the department for
4532     the cost of obtaining the defendant's DNA specimen, the reimbursement for the cost of
4533     obtaining the defendant's DNA specimen is the next priority after restitution to the victim of
4534     the offense under Subsection (4)(a)(i).
4535          (c) If the defendant is required to pay restitution to more than one victim, restitution
4536     shall be disbursed to each victim according to the percentage of each victim's share of the total
4537     order for restitution.
4538          (5) For a criminal accounts receivable, the department shall collect the current and past
4539     due amount owed by a defendant for the monthly supervision fee under Subsection
4540     64-13-21(6)(a) until the court enters a civil accounts receivable on the civil judgment docket
4541     under Section 77-18-114.
4542          Section 101. Section 77-38b-401, which is renumbered from Section 77-38a-502 is
4543     renumbered and amended to read:
4544     
Part 4. Enforcement and Collection of Restitution

4545          [77-38a-502].      77-38b-401. Collection from inmate offenders.
4546          [In addition to the remedies provided in Section 77-38a-501, the] Upon written request
4547     of the prosecuting attorney, the victim, or the parole or probation agent for the defendant, the
4548     department [upon written request of the prosecutor, victim, or parole or probation agent,] shall
4549     collect restitution from offender funds held by the department [as provided in] under Section
4550     64-13-23.
4551          Section 102. Section 77-38b-402, which is renumbered from Section 77-38a-601 is

4552     renumbered and amended to read:
4553          [77-38a-601].      77-38b-402. Preservation of assets.
4554          (1) [Prior to or at the time] Before, or at the time, a criminal information, indictment
4555     charging a violation, or a petition alleging delinquency is filed, or at any time during the
4556     prosecution of the case, a [prosecutor] prosecuting attorney may, if in the [prosecutor's]
4557     prosecuting attorney's best judgment there is a substantial likelihood that a conviction will be
4558     obtained and restitution will be ordered in the case, petition the court to:
4559          (a) enter a temporary restraining order, an injunction, or both;
4560          (b) require the execution of a satisfactory performance bond; or
4561          (c) take any other action to preserve the availability of property [which] that may be
4562     necessary to satisfy an anticipated [restitution order] order for restitution.
4563          (2) (a) Upon receiving a request from a [prosecutor] prosecuting attorney under
4564     Subsection (1), and after notice to [persons] a person appearing to have an interest in the
4565     property and affording [them] the person an opportunity to be heard, the court may take action
4566     as requested by the [prosecutor] prosecuting attorney if the court determines:
4567          (i) there is probable cause to believe that [a crime] an offense has been committed and
4568     that the defendant committed [it] the offense, and that failure to enter the order will likely
4569     result in the property being sold, distributed, exhibited, destroyed, or removed from the
4570     jurisdiction of the court, or otherwise be made unavailable for restitution; and
4571          (ii) the need to preserve the availability of the property or prevent [its] the property's
4572     sale, distribution, exhibition, destruction, or removal through the entry of the requested order
4573     outweighs the hardship on any party against whom the order is to be entered.
4574          (b) In a hearing conducted [pursuant to] in accordance with this section, a court may
4575     consider reliable hearsay as defined in Utah Rules of Evidence, Rule 1102.
4576          (c) An order for an injunction entered under this section is effective for the period of
4577     time given in the order.
4578          (3) (a) Upon receiving a request for a temporary restraining order from a [prosecutor]
4579     prosecuting attorney under this section, a court may enter a temporary restraining order against
4580     an owner with respect to specific property without notice or opportunity for a hearing if:
4581          (i) the [prosecutor] prosecuting attorney demonstrates that there is a substantial
4582     likelihood that the property with respect to which the order is sought appears to be necessary to

4583     satisfy an anticipated restitution order under this chapter; and
4584          (ii) provision of notice would jeopardize the availability of the property to satisfy any
4585     [restitution order or judgment] judgment or order for restitution.
4586          (b) The temporary order in this Subsection (3) expires [not more than 10 days after it]
4587     no later than 10 days after the day on which the temporary order is entered unless extended for
4588     good cause shown or the party against whom [it] the temporary order is entered consents to an
4589     extension.
4590          (4) A hearing concerning an order entered under this section shall be held as soon as
4591     possible, and [prior to] before the expiration of the temporary order.
4592          Section 103. Section 77-40-102 is amended to read:
4593          77-40-102. Definitions.
4594          As used in this chapter:
4595          (1) "Administrative finding" means a decision upon a question of fact reached by an
4596     administrative agency following an administrative hearing or other procedure satisfying the
4597     requirements of due process.
4598          (2) "Agency" means a state, county, or local government entity that generates or
4599     maintains records relating to an investigation, arrest, detention, or conviction for an offense for
4600     which expungement may be ordered.
4601          (3) "Bureau" means the Bureau of Criminal Identification of the Department of Public
4602     Safety established in Section 53-10-201.
4603          (4) "Certificate of eligibility" means a document issued by the bureau stating that the
4604     criminal record and all records of arrest, investigation, and detention associated with a case that
4605     is the subject of a petition for expungement is eligible for expungement.
4606          (5) (a) "Clean slate eligible case" means a case:
4607          (i) where, except as provided in Subsection (5)(c), each conviction within the case is:
4608          (A) a misdemeanor conviction for possession of a controlled substance in violation of
4609     Subsection 58-37-8(2)(a)(i);
4610          (B) a class B or class C misdemeanor conviction; or
4611          (C) an infraction conviction;
4612          (ii) that involves an individual:
4613          (A) whose total number of convictions in Utah state courts, not including infractions,

4614     traffic offenses, or minor regulatory offenses, does not exceed the limits described in
4615     Subsections 77-40-105(5) and (6) without taking into consideration the exception in Subsection
4616     77-40-105(8); and
4617          (B) against whom no criminal proceedings are pending in the state; and
4618          (iii) for which the following time periods have elapsed from the day on which the case
4619     is adjudicated:
4620          (A) at least five years for a class C misdemeanor or an infraction;
4621          (B) at least six years for a class B misdemeanor; and
4622          (C) at least seven years for a class A conviction for possession of a controlled
4623     substance in violation of Subsection 58-37-8(2)(a)(i).
4624          (b) "Clean slate eligible case" includes a case that is dismissed as a result of a
4625     successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b)
4626     if:
4627          (i) except as provided in Subsection (5)(c), each charge within the case is:
4628          (A) a misdemeanor for possession of a controlled substance in violation of Subsection
4629     58-37-8(2)(a)(i);
4630          (B) a class B or class C misdemeanor; or
4631          (C) an infraction;
4632          (ii) the individual involved meets the requirements of Subsection (5)(a)(ii); and
4633          (iii) the time periods described in Subsections (5)(a)(iii)(A) through (C) have elapsed
4634     from the day on which the case is dismissed.
4635          (c) "Clean slate eligible case" does not include a case:
4636          (i) where the individual is found not guilty by reason of insanity;
4637          (ii) where the case establishes [a criminal judgment accounts receivable, as defined in
4638     Section 77-32a-101] a criminal accounts receivable, as defined in Section 77-32b-102, that:
4639          (A) has been entered as a [civil judgment] civil accounts receivable or a civil judgment
4640     of restitution, as those terms are defined in Section 77-32b-102, and transferred to the Office of
4641     State Debt Collection under Section 77-18-114; or
4642          (B) has not been satisfied according to court records; or
4643          (iii) that resulted in one or more pleas held in abeyance or convictions for the following
4644     offenses:

4645          (A) any of the offenses listed in Subsection 77-40-105(2)(a);
4646          (B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
4647     the Person;
4648          (C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
4649          (D) sexual battery in violation of Section 76-9-702.1;
4650          (E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
4651          (F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
4652     and Reckless Driving;
4653          (G) damage to or interruption of a communication device in violation of Section
4654     76-6-108;
4655          (H) a domestic violence offense as defined in Section 77-36-1; or
4656          (I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
4657     other than a class A misdemeanor conviction for possession of a controlled substance in
4658     violation of Subsection 58-37-8(2)(a)(i).
4659          (6) "Conviction" means judgment by a criminal court on a verdict or finding of guilty
4660     after trial, a plea of guilty, or a plea of nolo contendere.
4661          (7) "Department" means the Department of Public Safety established in Section
4662     53-1-103.
4663          (8) "Drug possession offense" means an offense under:
4664          (a) Subsection 58-37-8(2), except any offense under Subsection 58-37-8(2)(b)(i),
4665     possession of 100 pounds or more of marijuana, any offense enhanced under Subsection
4666     58-37-8(2)(e), violation in a correctional facility or Subsection 58-37-8(2)(g), driving with a
4667     controlled substance illegally in the person's body and negligently causing serious bodily injury
4668     or death of another;
4669          (b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
4670          (c) Section 58-37b-6, possession or use of an imitation controlled substance; or
4671          (d) any local ordinance which is substantially similar to any of the offenses described
4672     in this Subsection (8).
4673          (9) "Expunge" means to seal or otherwise restrict access to the individual's record held
4674     by an agency when the record includes a criminal investigation, detention, arrest, or conviction.
4675          (10) "Jurisdiction" means a state, district, province, political subdivision, territory, or

4676     possession of the United States or any foreign country.
4677          (11) "Minor regulatory offense" means any class B or C misdemeanor offense, and any
4678     local ordinance, except:
4679          (a) any drug possession offense;
4680          (b) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
4681          (c) Sections 73-18-13 through 73-18-13.6;
4682          (d) those offenses defined in Title 76, Utah Criminal Code; or
4683          (e) any local ordinance that is substantially similar to those offenses listed in
4684     Subsections (11)(a) through (d).
4685          (12) "Petitioner" means an individual applying for expungement under this chapter.
4686          (13) (a) "Traffic offense" means:
4687          (i) all infractions, class B misdemeanors, and class C misdemeanors in Title 41,
4688     Chapter 6a, Traffic Code;
4689          (ii) Title 53, Chapter 3, Part 2, Driver Licensing Act;
4690          (iii) Title 73, Chapter 18, State Boating Act; and
4691          (iv) all local ordinances that are substantially similar to those offenses.
4692          (b) "Traffic offense" does not mean:
4693          (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
4694          (ii) Sections 73-18-13 through 73-18-13.6; or
4695          (iii) any local ordinance that is substantially similar to the offenses listed in
4696     Subsections (13)(b)(i) and (ii).
4697          Section 104. Section 77-40-105 is amended to read:
4698           77-40-105. Requirements to apply for a certificate of eligibility to expunge
4699     conviction.
4700          (1) An individual convicted of an offense may apply to the bureau for a certificate of
4701     eligibility to expunge the record of conviction as provided in this section.
4702          (2) An individual is not eligible to receive a certificate of eligibility from the bureau if:
4703          (a) the conviction for which expungement is sought is:
4704          (i) a capital felony;
4705          (ii) a first degree felony;
4706          (iii) a violent felony as defined in Subsection 76-3-203.5(1)(c)(i);

4707          (iv) felony automobile homicide;
4708          (v) a felony conviction described in Subsection 41-6a-501(2);
4709          (vi) a registerable sex offense as defined in Subsection 77-41-102(17); or
4710          (vii) a registerable child abuse offense as defined in Subsection 77-43-102(2);
4711          (b) a criminal proceeding is pending against the petitioner; or
4712          (c) the petitioner intentionally or knowingly provides false or misleading information
4713     on the application for a certificate of eligibility.
4714          (3) A petitioner seeking to obtain expungement for a record of conviction is not
4715     eligible to receive a certificate of eligibility from the bureau until all of the following have
4716     occurred:
4717          (a) the petitioner has paid in full all fines and interest ordered by the court related to the
4718     conviction for which expungement is sought;
4719          (b) the petitioner has paid in full all restitution ordered by the court [pursuant to
4720     Section 77-38a-302, or by the Board of Pardons and Parole pursuant to Section 77-27-6] under
4721     Section 77-38b-205; and
4722          (c) the following time periods have elapsed from the date the petitioner was convicted
4723     or released from incarceration, parole, or probation, whichever occurred last, for each
4724     conviction the petitioner seeks to expunge:
4725          (i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) or a
4726     felony conviction of Subsection 58-37-8(2)(g);
4727          (ii) seven years in the case of a felony;
4728          (iii) five years in the case of any class A misdemeanor or a felony drug possession
4729     offense;
4730          (iv) four years in the case of a class B misdemeanor; or
4731          (v) three years in the case of any other misdemeanor or infraction.
4732          (4) When determining whether to issue a certificate of eligibility, the bureau may not
4733     consider:
4734          (a) a petitioner's pending or previous:
4735          (i) infraction;
4736          (ii) traffic offense;
4737          (iii) minor regulatory offense; or

4738          (iv) clean slate eligible case that was automatically expunged in accordance with
4739     Section 77-40-114; or
4740          (b) a fine or fee related to an offense described in Subsection (4)(a).
4741          (5) The bureau may not issue a certificate of eligibility if, at the time the petitioner
4742     seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
4743     including previously expunged convictions, contains any of the following, except as provided
4744     in Subsection (8):
4745          (a) two or more felony convictions other than for drug possession offenses, each of
4746     which is contained in a separate criminal episode;
4747          (b) any combination of three or more convictions other than for drug possession
4748     offenses that include two class A misdemeanor convictions, each of which is contained in a
4749     separate criminal episode;
4750          (c) any combination of four or more convictions other than for drug possession
4751     offenses that include three class B misdemeanor convictions, each of which is contained in a
4752     separate criminal episode; or
4753          (d) five or more convictions other than for drug possession offenses of any degree
4754     whether misdemeanor or felony, each of which is contained in a separate criminal episode.
4755          (6) The bureau may not issue a certificate of eligibility if, at the time the petitioner
4756     seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
4757     including previously expunged convictions, contains any of the following:
4758          (a) three or more felony convictions for drug possession offenses, each of which is
4759     contained in a separate criminal episode; or
4760          (b) any combination of five or more convictions for drug possession offenses, each of
4761     which is contained in a separate criminal episode.
4762          (7) If the petitioner's criminal history contains convictions for both a drug possession
4763     offense and a non drug possession offense arising from the same criminal episode, that criminal
4764     episode shall be counted as provided in Subsection (5) if any non drug possession offense in
4765     that episode:
4766          (a) is a felony or class A misdemeanor; or
4767          (b) has the same or a longer waiting period under Subsection (3) than any drug
4768     possession offense in that episode.

4769          (8) If at least 10 years have elapsed from the date the petitioner was convicted or
4770     released from incarceration, parole, or probation, whichever occurred last, for all convictions,
4771     then each eligibility limit defined in Subsection (5) shall be increased by one.
4772          (9) If, prior to May 14, 2013, the petitioner has received a pardon from the Utah Board
4773     of Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned
4774     crimes pursuant to Section 77-27-5.1.
4775          Section 105. Section 78A-2-214 is amended to read:
4776          78A-2-214. Collection of accounts receivable.
4777          (1) As used in this section:
4778          (a) "Accounts receivable" means any amount due the state from an entity for which
4779     payment has not been received by the state agency that is servicing the debt.
4780          (b) "Accounts receivable" includes unpaid fees, licenses, taxes, loans, overpayments,
4781     fines, forfeitures, surcharges, costs, contracts, interest, penalties, restitution to victims, third
4782     party claims, sale of goods, sale of services, claims, and damages.
4783          [(2) If the Department of Corrections does not have responsibility under Subsection
4784     77-18-1(9) for collecting an account receivable and if the Office of State Debt Collection does
4785     not have responsibility under Subsection 63A-3-502(6), the district court shall collect the
4786     account receivable.]
4787          (2) If a defendant is sentenced before July 1, 2021, and the Department of Corrections,
4788     or the Office of State Debt Collection, is not responsible for collecting an accounts receivable
4789     for the defendant, the district court shall collect the accounts receivable for the defendant.
4790          (3) (a) In the juvenile court, money collected by the court from past-due accounts
4791     receivable may be used to offset system, administrative, legal, and other costs of collection.
4792          (b) The juvenile court shall allocate money collected above the cost of collection on a
4793     pro rata basis to the various revenue types that generated the accounts receivable.
4794          (4) The interest charge established by the Office of State Debt Collection under
4795     Subsection 63A-3-502(4)(g)(iii) may not be assessed on an account receivable subject to the
4796     postjudgment interest rate established by Section 15-1-4.
4797          Section 106. Section 78A-2-231 is amended to read:
4798          78A-2-231. Consideration of lawful use or possession of medical cannabis.
4799          (1) As used in this section:

4800          (a) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
4801          (b) "Directions of use" means the same as that term is defined in Section 26-61a-102.
4802          (c) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
4803          (d) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
4804          (e) "Medical cannabis card" means the same as that term is defined in Section
4805     26-61a-102.
4806          (f) "Medical cannabis device" means the same as that term is defined in Section
4807     26-61a-102.
4808          (g) "Qualified medical provider" means the same as that term is defined in Section
4809     26-61a-102.
4810          (2) In any judicial proceeding in which a judge, panel, jury, or court commissioner
4811     makes a finding, determination, or otherwise considers an individual's possession or use of
4812     medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel, jury, or
4813     court commissioner may not consider or treat the individual's possession or use any differently
4814     than the lawful possession or use of any prescribed controlled substance if:
4815          (a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production
4816     Establishments;
4817          (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
4818          (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
4819     Medical Cannabis Act; and
4820          (ii) the individual reasonably complies with the directions of use and dosing guidelines
4821     determined by the individual's qualified medical provider or through a consultation described
4822     in Subsection 26-61a-502(4) or (5).
4823          (3) Notwithstanding Sections [77-18-1] 77-18-105 and 77-2a-3, for probation, release,
4824     a plea in abeyance agreement, a diversion agreement, or a tendered admission under Utah
4825     Rules of Juvenile Procedure, Rule 25, a term or condition may not require that an individual
4826     abstain from the use or possession of medical cannabis, a cannabis product, or a medical
4827     cannabis device, either directly or through a general prohibition on violating federal law,
4828     without an exception related to medical cannabis use, if the individual's use or possession
4829     complies with:
4830          (a) Title 26, Chapter 61a, Utah Medical Cannabis Act; or

4831          (b) Subsection 58-37-3.7(2) or (3).
4832          Section 107. Section 78B-2-115 is amended to read:
4833          78B-2-115. Actions by state or other governmental entity.
4834          Except for the provisions of Section 78B-2-116, and the collection of criminal fines,
4835     fees, and restitution by the Office of State Debt Collection in accordance with [Section
4836     63A-3-502 and Title 77, Chapter 32a, Criminal Accounts Receivable and Defense Costs]
4837     Sections 63A-3-502, 77-32b-103, and 77-18-114, the limitations in this chapter apply to
4838     actions brought in the name of or for the benefit of the state or other governmental entity the
4839     same as to actions by private parties.
4840          Section 108. Section 78B-5-502 is amended to read:
4841          78B-5-502. Definitions.
4842          As used in this part:
4843          (1) "Civil accounts receivable" means the same as that term is defined in Section
4844     77-32b-102.
4845          (2) "Civil judgment of restitution" means the same as that term is defined in Section
4846     77-32b-102.
4847          [(1)] (3) "Debt" means a legally enforceable monetary obligation or liability of an
4848     individual, whether arising out of contract, tort, or otherwise.
4849          [(2)] (4) "Dependent" means the spouse of an individual, and the grandchild or the
4850     natural or adoptive child of an individual who derives support primarily from that individual.
4851          [(3)] (5) "Exempt" means protected, and "exemption" means protection from
4852     subjection to a judicial process to collect an unsecured debt.
4853          [(4)] (6) "Judicial lien" means a lien on property obtained by judgment or other legal
4854     process instituted for the purpose of collecting an unsecured debt.
4855          [(5)] (7) "Levy" means the seizure of property pursuant to any legal process issued for
4856     the purpose of collecting an unsecured debt.
4857          [(6)] (8) "Lien" means a judicial, or statutory lien, in property securing payment of a
4858     debt or performance of an obligation.
4859          [(7)] (9) "Liquid assets" means deposits, securities, notes, drafts, unpaid earnings not
4860     otherwise exempt, accrued vacation pay, refunds, prepayments, and other receivables.
4861          [(8)] (10) "Security interest" means an interest in property created by contract to secure

4862     payment or performance of an obligation.
4863          [(9)] (11) "Statutory lien" means a lien arising by force of a statute, but does not
4864     include a security interest or a judicial lien.
4865          [(10)] (12) "Value" means fair market value of an individual's interest in property,
4866     exclusive of valid liens.
4867          Section 109. Section 78B-5-505 is amended to read:
4868          78B-5-505. Property exempt from execution.
4869          (1) (a) An individual is entitled to exemption of the following property:
4870          (i) a burial plot for the individual and the individual's family;
4871          (ii) health aids reasonably necessary to enable the individual or a dependent to work or
4872     sustain health;
4873          (iii) benefits that the individual or the individual's dependent have received or are
4874     entitled to receive from any source because of:
4875          (A) disability;
4876          (B) illness; or
4877          (C) unemployment;
4878          (iv) benefits paid or payable for medical, surgical, or hospital care to the extent that the
4879     benefits are used by an individual or the individual's dependent to pay for that care;
4880          (v) veterans benefits;
4881          (vi) money or property received, and rights to receive money or property for child
4882     support;
4883          (vii) money or property received, and rights to receive money or property for alimony
4884     or separate maintenance, to the extent reasonably necessary for the support of the individual
4885     and the individual's dependents;
4886          (viii) (A) one:
4887          (I) clothes washer and dryer;
4888          (II) refrigerator;
4889          (III) freezer;
4890          (IV) stove;
4891          (V) microwave oven; and
4892          (VI) sewing machine;

4893          (B) all carpets in use;
4894          (C) provisions sufficient for 12 months actually provided for individual or family use;
4895          (D) all wearing apparel of every individual and dependent, not including jewelry or
4896     furs; and
4897          (E) all beds and bedding for every individual or dependent;
4898          (ix) except for works of art held by the debtor as part of a trade or business, works of
4899     art:
4900          (A) depicting the debtor or the debtor and the debtor's resident family; or
4901          (B) produced by the debtor or the debtor and the debtor's resident family;
4902          (x) proceeds of insurance, a judgment, or a settlement, or other rights accruing as a
4903     result of bodily injury of the individual or of the wrongful death or bodily injury of another
4904     individual of whom the individual was or is a dependent to the extent that those proceeds are
4905     compensatory;
4906          (xi) the proceeds or benefits of any life insurance contracts or policies paid or payable
4907     to the debtor or any trust of which the debtor is a beneficiary upon the death of the spouse or
4908     children of the debtor, provided that the contract or policy has been owned by the debtor for a
4909     continuous unexpired period of one year;
4910          (xii) the proceeds or benefits of any life insurance contracts or policies paid or payable
4911     to the spouse or children of the debtor or any trust of which the spouse or children are
4912     beneficiaries upon the death of the debtor, provided that the contract or policy has been in
4913     existence for a continuous unexpired period of one year;
4914          (xiii) proceeds and avails of any unmatured life insurance contracts owned by the
4915     debtor or any revocable grantor trust created by the debtor, excluding any payments made on
4916     the contract during the one year immediately preceding a creditor's levy or execution;
4917          (xiv) except as provided in Subsection (1)(b), and except for a judgment described in
4918     Subsection 75-7-503(2)(c), any money or other assets held for or payable to the individual as
4919     an owner, participant, or beneficiary from or an interest of the individual as an owner,
4920     participant, or beneficiary in a fund or account, including an inherited fund or account, in a
4921     retirement plan or arrangement that is described in Section 401(a), 401(h), 401(k), 403(a),
4922     403(b), 408, 408A, 409, 414(d), 414(e), or 457, Internal Revenue Code, including an owner's, a
4923     participant's, or a beneficiary's interest that arises by inheritance, designation, appointment, or

4924     otherwise;
4925          (xv) the interest of or any money or other assets payable to an alternate payee under a
4926     qualified domestic relations order as those terms are defined in Section 414(p), Internal
4927     Revenue Code;
4928          (xvi) unpaid earnings of the household of the filing individual due as of the date of the
4929     filing of a bankruptcy petition in the amount of 1/24 of the Utah State annual median family
4930     income for the household size of the filing individual as determined by the Utah State Annual
4931     Median Family Income reported by the United States Census Bureau and as adjusted based
4932     upon the Consumer Price Index for All Urban Consumers for an individual whose unpaid
4933     earnings are paid more often than once a month or, if unpaid earnings are not paid more often
4934     than once a month, then in the amount of 1/12 of the Utah State annual median family income
4935     for the household size of the individual as determined by the Utah State Annual Median Family
4936     Income reported by the United States Census Bureau and as adjusted based upon the Consumer
4937     Price Index for All Urban Consumers;
4938          (xvii) except for curio or relic firearms, as defined in Section 76-10-501, any three of
4939     the following:
4940          (A) one handgun and ammunition for the handgun not exceeding 1,000 rounds;
4941          (B) one shotgun and ammunition for the shotgun not exceeding 1,000 rounds; and
4942          (C) one shoulder arm and ammunition for the shoulder arm not exceeding 1,000
4943     rounds; and
4944          (xviii) money, not exceeding $200,000, in the aggregate, that an individual deposits,
4945     more than 18 months before the day on which the individual files a petition for bankruptcy or
4946     an action is filed by a creditor against the individual, as applicable, in all tax-advantaged
4947     accounts for saving for higher education costs on behalf of a particular individual that meets
4948     the requirements of Section 529, Internal Revenue Code.
4949          (b) (i) Any money, asset, or other interest in a fund or account that is exempt from a
4950     claim of a creditor of the owner, beneficiary, or participant under Subsection (1)(a)(xiv) does
4951     not cease to be exempt after the owner's, participant's, or beneficiary's death by reason of a
4952     direct transfer or eligible rollover to an inherited individual retirement account as defined in
4953     Section 408(d)(3), Internal Revenue Code.
4954          (ii) Subsections (1)(a)(xiv) and (1)(b)(i) apply to all inherited individual retirement

4955     accounts without regard to the date on which the account was created.
4956          (c) (i) The exemption granted by Subsection (1)(a)(xiv) does not apply to:
4957          (A) an alternate payee under a qualified domestic relations order, as those terms are
4958     defined in Section 414(p), Internal Revenue Code; or
4959          (B) amounts contributed or benefits accrued by or on behalf of a debtor within one year
4960     before the debtor files for bankruptcy, except amounts directly rolled over from other funds
4961     that are exempt from attachment under this section.
4962          (ii) The exemptions in Subsections (1)(a)(xi), (xii), and (xiii) do not apply to the
4963     secured creditor's interest in proceeds and avails of any matured or unmatured life insurance
4964     contract assigned or pledged as collateral for repayment of a loan or other legal obligation.
4965          (2) (a) Disability benefits, as described in Subsection (1)(a)(iii)(A), and veterans
4966     benefits, as described in Subsection (1)(a)(v), may be garnished on behalf of a [child victim]
4967     victim who is a child if the person receiving the benefits has been convicted of a felony sex
4968     offense against [a child] the victim and ordered by the [convicting] sentencing court to pay
4969     restitution to the victim.
4970          (b) The exemption from execution under this [section] Subsection (2) shall be
4971     reinstated upon payment of the restitution in full.
4972          (3) [Exemptions] The exemptions under this section do not limit items that may be
4973     claimed as exempt under Section 78B-5-506.
4974          (4) (a) The exemptions described in Subsections (1)(a)(iii), (iv), (vi), (vii), (x), (xii),
4975     (xiii), (xiv), (xv), (xvii), and (xviii) do not apply to a civil accounts receivable or a civil
4976     judgment of restitution for an individual who is found in contempt under Section 78B-6-317.
4977          (b) Subsection (4)(a) does not apply to the benefits described in Subsection (1)(a)(iii) if
4978     the individual's dependent received, or is entitled to receive, the benefits.
4979          Section 110. Section 78B-6-317 is amended to read:
4980          78B-6-317. Willful failure to pay a civil accounts receivable or a civil judgment of
4981     restitution.
4982          (1) As used in this section:
4983          (a) "Civil accounts receivable" means the same as that term is defined in Section
4984     77-32b-102.
4985          (b) "Civil judgment of restitution" means the same as that term is defined in Section

4986     77-32b-102.
4987          (c) "Default" means the same as that term is defined in Section 77-32b-102.
4988          (d) "Delinquent" means the same as that term is defined in Section 77-32b-102.
4989          [(1)] (2) If a [criminal judgment accounts receivable has become delinquent as defined
4990     in Section 77-32a-101] civil accounts receivable or a civil judgment of restitution is delinquent
4991     or in default, the court, by motion of the [prosecutor] prosecuting attorney, a judgment creditor,
4992     [the Office of State Debt Collection,] or on the court's own motion, may order the defendant to
4993     appear and show cause why the delinquency or default should not be treated as contempt of
4994     court[, as provided in this section] under this section.
4995          [(2)] (3) (a) The moving party or [a court clerk] a clerk of the court shall provide a
4996     declaration outlining:
4997          (i) the nature of the debt [and the delinquency.];
4998          (ii) the way in which the civil accounts receivable or civil judgment of restitution is
4999     delinquent or in default;
5000          (iii) if the moving party is the Office of State Debt Collection, the attempts that have
5001     been made to collect the civil accounts receivable or the civil judgment of restitution before
5002     moving for an order to show cause; and
5003          (iv) if the moving party is not the Office of State Debt Collection, that the defendant
5004     has failed to comply with any payment agreement that the defendant has with the Office of
5005     State Debt Collection.
5006          (b) Upon receipt of [that] a declaration under Subsection (3)(a), the court shall:
5007          (i) set the matter for a hearing; and
5008          (ii) provide notice of the hearing to the defendant by mailing notice of the hearing to
5009     the defendant's last known address and by any other means the court finds likely to provide
5010     defendant notice of the hearing.
5011          [(i)] (c) If it appears to the court that the defendant is not likely to appear at the hearing,
5012     the court may issue an arrest warrant with a bail amount reasonably likely to guarantee the
5013     defendant's appearance.
5014          [(ii)] (d) If the defendant is a corporation or an unincorporated association, the court
5015     shall cite the person authorized to make disbursement from the assets of the corporation or
5016     association to appear to answer for the alleged contempt.

5017          [(3)] (4) At the hearing, the defendant is entitled to be:
5018          (a) represented by counsel; and[,]
5019          (b) if the court is considering a period of incarceration as a potential sanction,
5020     appointed counsel [if the defendant is indigent] if the court determines that the defendant is
5021     indigent in accordance with Title 78B, Chapter 22, Indigent Defense Act.
5022          [(4)] (5) To find the defendant in contempt, the court shall find beyond a reasonable
5023     doubt that the defendant:
5024          (a) was aware of the obligation to pay the [criminal judgment accounts receivable] civil
5025     accounts receivable or the civil judgment of restitution;
5026          (b) had the capacity to [pay the criminal judgment accounts receivable in the manner
5027     ordered by the court] make a payment towards the civil accounts receivable or the civil
5028     judgment of restitution; and
5029          (c) [did not make a good faith effort to make the payments] failed to make a payment
5030     towards the civil accounts receivable or the civil judgment of restitution.
5031          [(5)] (6) [If] Subject to the limitations in Subsections (7) through (9), if the court finds
5032     the defendant in contempt for nonpayment, the court may impose the sanctions for contempt
5033     [as provided in] under Section 78B-6-310[, subject to the limitations in Subsections (6) through
5034     (8)].
5035          [(6)] (7) If the court imposes a jail sanction for the contempt, the number of jail days
5036     may not exceed one day for each $100 of the amount the court finds was contemptuously
5037     unpaid[, up to] with a maximum of:
5038          (a) five days for contempt arising from a class B misdemeanor or lesser offense[,]; and
5039          (b) 30 days for a class A misdemeanor or felony offense.
5040          [(7)] (8) (a) Any jail sanction imposed for contempt under this section shall serve to
5041     satisfy the [criminal judgment account receivable] civil accounts receivable at $100 for each
5042     day served. [Amounts satisfied under this Subsection (7) may not include restitution amounts
5043     ordered by the court in accordance with Title 77, Chapter 38a, Crime Victims Restitution Act.]
5044          (b) Subsection (8)(a) does not apply to a civil judgment of restitution.
5045          [(8) Any financial penalty authorized by Section 78B-6-310 and ordered by the court
5046     may only become due after the satisfaction of the original criminal account receivable.]
5047          (9) A financial penalty ordered by the court under Section 78B-6-310 may only become

5048     due after the satisfaction of the civil accounts receivable or the civil judgment of restitution.
5049          [(9)] (10) The order of the court finding the defendant in contempt and ordering
5050     sanctions is a final appealable order.
5051          Section 111. Section 78B-7-804 is amended to read:
5052          78B-7-804. Sentencing and continuous protective orders for a domestic violence
5053     offense -- Modification.
5054          (1) Before a perpetrator who has been convicted of a domestic violence offense may be
5055     placed on probation, the court shall consider the safety and protection of the victim and any
5056     member of the victim's family or household.
5057          (2) The court may condition probation or a plea in abeyance on the perpetrator's
5058     compliance with a sentencing protective order that includes:
5059          (a) an order enjoining the perpetrator from threatening to commit or committing acts of
5060     domestic violence against the victim or other family or household member;
5061          (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
5062     otherwise communicating with the victim, directly or indirectly;
5063          (c) an order requiring the perpetrator to stay away from the victim's residence, school,
5064     place of employment, and the premises of any of these, or a specified place frequented
5065     regularly by the victim or any designated family or household member;
5066          (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
5067     or other specified weapon;
5068          (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
5069     possesses; and
5070          (f) an order imposing any other condition necessary to protect the victim and any other
5071     designated family or household member or to rehabilitate the perpetrator.
5072          (3) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
5073     crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
5074     continued acts of violence subsequent to the release of a perpetrator who is convicted of
5075     domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
5076     issuance of continuous protective orders under this Subsection (3) because of the need to
5077     provide ongoing protection for the victim and to be consistent with the purposes of protecting
5078     victims' rights under Title 77, Chapter 37, Victims' Rights, and Title 77, Chapter 38, Rights of

5079     Crime Victims Act, and Article I, Section 28 of the Utah Constitution.
5080          (b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
5081     of imprisonment, including jail, that is to be served after conviction, the court shall issue a
5082     continuous protective order at the time of the conviction or sentencing limiting the contact
5083     between the perpetrator and the victim unless the court determines by clear and convincing
5084     evidence that the victim does not a have a reasonable fear of future harm or abuse.
5085          (c) (i) The court shall notify the perpetrator of the right to request a hearing.
5086          (ii) If the perpetrator requests a hearing under this Subsection (3)(c), the court shall
5087     hold the hearing at the time determined by the court. The continuous protective order shall be
5088     in effect while the hearing is being scheduled and while the hearing is pending.
5089          (d) A continuous protective order is permanent in accordance with this Subsection (3)
5090     and may include:
5091          (i) an order enjoining the perpetrator from threatening to commit or committing acts of
5092     domestic violence against the victim or other family or household member;
5093          (ii) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
5094     otherwise communicating with the victim, directly or indirectly;
5095          (iii) an order prohibiting the perpetrator from going to the victim's residence, school,
5096     place of employment, and the premises of any of these, or a specified place frequented
5097     regularly by the victim or any designated family or other household member;
5098          (iv) an order directing the perpetrator to pay restitution to the victim as may apply, and
5099     shall be enforced in accordance with Title 77, Chapter [38a] 38b, Crime Victims Restitution
5100     Act; and
5101          (v) any other order the court considers necessary to fully protect the victim and
5102     members of the victim's family or other household member.
5103          (4) A continuous protective order may be modified or dismissed only if the court
5104     determines by clear and convincing evidence that all requirements of Subsection (3) have been
5105     met and the victim does not have a reasonable fear of future harm or abuse.
5106          (5) In addition to the process of issuing a continuous protective order described in
5107     Subsection (3), a district court may issue a continuous protective order at any time if the victim
5108     files a petition with the court, and after notice and hearing the court finds that a continuous
5109     protective order is necessary to protect the victim.

5110          Section 112. Repealer.
5111          This bill repeals:
5112          Section 76-6-412.5, Property damage caused in the course of committing a theft.
5113          Section 77-18-1, Suspension of sentence -- Pleas held in abeyance -- Probation --
5114     Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
5115     conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
5116     monitoring.
5117          Section 77-18-6, Judgment to pay fine or restitution constitutes a lien.
5118          Section 77-27-6, Payment of restitution.
5119          Section 77-32a-102, Creation of criminal judgment account receivable.
5120          Section 77-32a-103, Past due accounts or payments -- Authority to send to Office
5121     of State Debt Collection independent of probation status -- Expiration.
5122          Section 77-32a-104, Delinquency and default as contempt of court.
5123          Section 77-32a-105, Accounts with balances at termination of probation.
5124          Section 77-32a-106, Transfer of collection responsibility does not affect probation.
5125          Section 77-32a-108, Ability to pay considered.
5126          Section 77-32a-109, Petition for remission of payment of costs.
5127          Section 77-38a-201, Restitution determination -- Law enforcement duties and
5128     responsibilities.
5129          Section 77-38a-202, Restitution determination -- Prosecution duties and
5130     responsibilities.
5131          Section 77-38a-203, Restitution determination -- Department of Corrections --
5132     Presentence investigation.
5133          Section 77-38a-301, Restitution -- Convicted defendant may be required to pay.
5134          Section 77-38a-302, Restitution criteria.
5135          Section 77-38a-401, Entry of judgment -- Interest -- Civil actions -- Lien.
5136          Section 77-38a-402, Nondischargeability in bankruptcy.
5137          Section 77-38a-403, Civil action by victim for damages.
5138          Section 77-38a-501, Default and sanctions.
5139          Section 113. Effective date.
5140          This bill takes effect on July 1, 2021.

5141          Section 114. Coordinating H.B. 260 with H.B. 58 -- Substantive amendment.
5142          If this H.B. 260 and H.B. 58, Riot Amendments, both pass and become law, the
5143     Legislature intends that on July 1, 2021, the Office of Legislative Research and General
5144     Counsel prepare the Utah Code database for publication by amending Subsection 76-9-101(6)
5145     to read:
5146          "(6) The court shall order a defendant convicted under Subsection (4) to pay restitution
5147     in accordance with Section 77-38b-205.".
5148          Section 115. Coordinating H.B. 260 with H.B. 290 -- Substantive amendments.
5149          If this H.B. 260 and H.B. 290, Probation and Parole Amendments, both pass and
5150     become law, the Legislature intends that on July 1, 2021, the Office of Legislative Research
5151     and General Counsel prepare the Utah Code database for publication by:
5152          (1) amending Subsection 77-18-108(2)(a) to read:
5153          "(2) (a) The court may modify the defendant's probation in accordance with the
5154     supervision length guidelines and the graduated and evidence-based responses and graduated
5155     incentives developed by the Utah Sentencing Commission under Section 63M-7-404."; and
5156          (2) amending Subsection 77-18-108(5)(a)(iii) to read:
5157          "(iii) in confinement awaiting a hearing or a decision concerning revocation of the
5158     defendant's probation constitutes service of time toward a term of incarceration imposed as a
5159     result of the revocation of probation or a graduated and evidence-based response imposed
5160     under the guidelines established by the Utah Sentencing Commission in accordance with
5161     Section 63M-7-404.".
5162          Section 116. Coordinating H.B. 260 with H.B. 379 -- Substantive amendment.
5163          If this H.B. 260 and H.B. 379, Board of Pardons Amendments, both pass and become
5164     law, the Legislature intends that on July 1, 2021, the Office of Legislative Research and
5165     General Counsel prepare the Utah Code database for publication by amending Subsection
5166     77-27-5(3) to read:
5167          "(3) (a) A decision by the board is final and not subject for judicial review if the
5168     decision is regarding:
5169          (i) a pardon, parole, commutation, or termination of an offender's sentence;
5170          (ii) the modification of an offender's payment schedule for restitution; or
5171          (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.

5172          (b) Deliberative processes are not public and the board is exempt from Title 52,
5173     Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
5174     deliberative process.
5175          (c) Pursuant to Subsection 63G-2-103(22)(b)(xi), records of the deliberative process
5176     are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
5177          (d) Unless it will interfere with a constitutional right, deliberative processes are not
5178     subject to disclosure, including discovery.
5179          (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment
5180     [including restitution as provided in Section 77-27-6.].".