1     
GOVERNMENT TRANSPORTATION COST AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
House Sponsor: Ryan D. Wilcox

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to government transportation costs for individuals
10     charged with or convicted of a crime.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies the fees charged by a sheriff for government transportation of a prisoner to
14     a court proceeding in a civil action;
15          ▸     repeals provisions regarding government transportation costs that are ordered as part
16     of a criminal sentence;
17          ▸     amends the requirements for reporting transportation costs to the clerk of the court;
18          ▸     amends provisions related to costs ordered by a court as part of a criminal sentence;
19     and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          17-22-2.5, as last amended by Laws of Utah 2018, Chapter 86
28          17-50-319, as last amended by Laws of Utah 2021, Chapter 260
29          76-3-201, as repealed and reenacted by Laws of Utah 2021, Chapter 260 and last
30     amended by Coordination Clause, Laws of Utah 2021, Chapter 261
31          77-7-5, as last amended by Laws of Utah 2022, Chapter 131
32          77-30-24, as last amended by Laws of Utah 2021, Chapter 260
33          77-32b-104, as renumbered and amended by Laws of Utah 2021, Chapter 260
34          78B-22-1002, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 17-22-2.5 is amended to read:
38          17-22-2.5. Fees of sheriff.
39          (1) (a) The legislative body of a county may set a fee for a service described in this
40     section and charged by the county sheriff:
41          (i) in an ordinance adopted under Section 17-53-223; and
42          (ii) in an amount reasonably related to, but not exceeding, the actual cost of providing
43     the service.
44          (b) If the legislative body of a county does not under Subsection (1)(a) set a fee
45     charged by the county sheriff, the sheriff shall charge a fee in accordance with Subsections (2)
46     through (7).
47          (2) Unless under Subsection (1) the legislative body of a county sets a fee amount for a
48     fee described in this Subsection (2), the sheriff shall charge the following fees:
49          (a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and
50     complaint, or garnishee execution, or other process by which an action or proceeding is
51     commenced, on each defendant, including copies when furnished by plaintiff, $20;
52          (b) for taking or approving a bond or undertaking in any case in which he is authorized
53     to take or approve a bond or undertaking, including justification, $5;
54          (c) for a copy of any writ, process or other paper when demanded or required by law,
55     for each folio, 50 cents;
56          (d) for serving an attachment on property, or levying an execution, or executing an
57     order of arrest or an order for the delivery of personal property, including copies when
58     furnished by plaintiff, $50;
59          (e) for taking and keeping possession of and preserving property under attachment or
60     execution or other process, the amount the court orders to a maximum of $15 per day;
61          (f) for advertising property for sale on execution, or any judgment, or order of sale,
62     exclusive of the cost of publication, $15;
63          (g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive
64     of acknowledgment, $15, to be paid by the grantee;
65          (h) for recording each deed, conveyance, or other instrument affecting real estate,
66     exclusive of the cost of recording, $10, to be paid by the grantee;
67          (i) for serving a writ of possession or restitution, and putting any person entitled to
68     possession into possession of premises, and removing occupant, $50;
69          (j) for holding each trial of right of property, to include all services in the matter,
70     except mileage, $35;
71          (k) for conducting, postponing, or canceling a sale of property, $15;
72          (l) for transporting a prisoner to and from prison to attend court proceedings in a civil
73     case, $2.50 for each mile necessarily traveled, up to a maximum of 100 miles;
74          [(l) for taking a prisoner in civil cases from prison before a court or magistrate, for
75     each mile necessarily traveled, in going only, to a maximum of 100 miles, $2.50;]
76          [(m) for taking a prisoner from the place of arrest to prison, in civil cases, or before a
77     court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100
78     miles, $2.50;]
79          [(n)] (m) for receiving and paying over money on execution or other process, as
80     follows:
81          (i) if the amount collected does not exceed $1,000, 2% of this amount, with a
82     minimum of $1; and
83          (ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the
84     balance; and
85          [(o)] (n) for executing in duplicate a certificate of sale, exclusive of filing it, $10.
86          (3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertising
87     shall be collected from the judgment debtor as part of the execution in the same manner as the
88     sum directed to be made.
89          (4) When serving an attachment on property, an order of arrest, or an order for the
90     delivery of personal property, the sheriff may only collect traveling fees for the distance
91     actually traveled beyond the distance required to serve the summons if the attachment or those
92     orders:
93          (a) accompany the summons in the action; and
94          (b) may be executed at the time of the service of the summons.
95          (5) (a) (i) When traveling generally to serve notices, orders, process, or other papers,
96     the sheriff may receive, except as otherwise provided under Subsection (1)(a), $2.50 for each
97     mile necessarily traveled, in going only, computed from the courthouse for each person served,
98     to a maximum of 100 miles.
99          (ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may
100     receive, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarily
101     traveled, in going only, computed from the post office where received for each person served,
102     to a maximum of 100 miles.
103          (b) The sheriff may only charge one mileage fee if any two or more papers are required
104     to be served in the same action or proceeding at the same time and at the same address.
105          (c) If it is necessary to make more than one trip to serve any notice, order, process, or
106     other paper, the sheriff may not collect more than two additional mileage charges.
107          (6) (a) For transporting a patient to the Utah State Hospital or to or from a hospital or a
108     mental health facility, as defined in Section 62A-15-602, when the cost of transportation is
109     payable by private individuals, the sheriff may collect, except as otherwise provided under
110     Subsection (1)(a), $2.50 for each mile necessarily traveled, in going only, to a maximum of 100
111     miles.
112          (b) If the sheriff requires assistance to transport the person, the sheriff may also charge
113     the actual and necessary cost of that assistance.
114          (7) (a) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under
115     Section 53-10-404, the sheriff shall collect the fee of $150 in accordance with Section
116     53-10-404.
117          (b) The fee amount described in Subsection (7)(a) may not be changed by a county
118     legislative body under Subsection (1).
119          Section 2. Section 17-50-319 is amended to read:
120          17-50-319. County charges enumerated.
121          (1) County charges are:
122          (a) charges incurred against the county by any law;
123          (b) the necessary expenses of the county attorney or district attorney incurred in
124     criminal cases arising in the county, and all other expenses necessarily incurred by the county
125     or district attorney in the prosecution of criminal cases, except jury and witness fees;
126          (c) the expenses of medical care as described in Section 17-22-8, and other expenses
127     necessarily incurred in the support of persons charged with or convicted of a criminal offense
128     and committed to the county jail, except as provided in Subsection (2);
129          (d) for a county not within the state district court administrative system, the sum
130     required by law to be paid jurors in civil cases;
131          (e) all charges and accounts for services rendered by any justice court judge for
132     services in the trial and examination of persons charged with a criminal offense not otherwise
133     provided for by law;
134          (f) the contingent expenses necessarily incurred for the use and benefit of the county;
135          (g) every other sum directed by law to be raised for any county purposes under the
136     direction of the county legislative body or declared a county charge;
137          (h) the fees of constables for services rendered in criminal cases;
138          (i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
139     cases arising in the county, and all other expenses necessarily incurred by the sheriff and
140     deputies in performing the duties imposed upon them by law;
141          (j) the sums required by law to be paid by the county to jurors and witnesses serving at
142     inquests and in criminal cases in justice courts; and
143          (k) subject to Subsection (2), expenses incurred by a health care facility or provider in
144     providing medical services, treatment, hospitalization, or related transportation, at the request
145     of a county sheriff for:
146          (i) persons booked into a county jail on a charge of a criminal offense; or
147          (ii) persons convicted of a criminal offense and committed to a county jail.
148          (2) (a) Expenses described in Subsections (1)(c) and (1)(k) are a charge to the county
149     only to the extent that they exceed any private insurance in effect that covers the expenses
150     described in Subsections (1)(c) and (1)(k).
151          (b) The county may collect costs of medical care, treatment, hospitalization, and related
152     transportation provided to the person described in Subsection (1)(k) who has the resources or
153     the ability to pay, subject to the following priorities for payment:
154          (i) first priority shall be given to restitution; and
155          (ii) second priority shall be given to family support obligations.
156          (c) A county may seek reimbursement from a person described in Subsection (1)(k) for
157     expenses incurred by the county in behalf of the inmate for medical care, treatment,
158     hospitalization, or related transportation by:
159          (i) deducting the cost from the inmate's cash account on deposit with the detention
160     facility during the inmate's incarceration or during a subsequent incarceration if the subsequent
161     incarceration occurs within the same county and the incarceration is within 10 years of the date
162     of the expense in behalf of the inmate;
163          (ii) placing a lien for the amount of the expense against the inmate's personal property
164     held by the jail; and
165          (iii) adding the amount of expenses incurred to any other amount owed by the inmate
166     to the jail upon the inmate's release in accordance with Subsection [76-3-201(4)(d)]
167     76-3-201(4)(c).
168          (d) An inmate who receives medical care, treatment, hospitalization, or related
169     transportation shall cooperate with the jail facility seeking payment or reimbursement under
170     this section for the inmate's expenses.
171          (e) If there is no contract between a county jail and a health care facility or provider
172     that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k)
173     shall be commensurate with:
174          (i) for a health care facility, the current noncapitated state Medicaid rates; and
175          (ii) for a health care provider, 65% of the amount that would be paid to the health care
176     provider:
177          (A) under the Public Employees' Benefit and Insurance Program, created in Section
178     49-20-103; and
179          (B) if the person receiving the medical service were a covered employee under the
180     Public Employees' Benefit and Insurance Program.
181          (f) Subsection (1)(k) does not apply to expenses of a person held at the jail at the
182     request of an agency of the United States.
183          (g) A county that receives information from the Public Employees' Benefit and
184     Insurance Program to enable the county to calculate the amount to be paid to a health care
185     provider under Subsection (2)(e)(ii) shall keep that information confidential.
186          Section 3. Section 76-3-201 is amended to read:
187          76-3-201. Sentences or combination of sentences allowed -- Restitution and other
188     costs -- Civil penalties.
189          (1) As used in this section:
190          (a) (i) "Convicted" means:
191          (A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a
192     mental illness; or
193          (B) having received a judgment of guilty or a judgment of guilty with a mental illness.
194          (ii) "Convicted" does not include an adjudication of an offense under Section 80-6-701.
195          (b) "Restitution" means the same as that term is defined in Section 77-38b-102.
196          (2) Within the limits provided by this chapter, a court may sentence an individual
197     convicted of an offense to any one of the following sentences, or combination of the following
198     sentences:
199          (a) to pay a fine;
200          (b) to removal or disqualification from public or private office;
201          (c) except as otherwise provided by law, to probation in accordance with Section
202     77-18-105;
203          (d) to imprisonment;
204          (e) on or after April 27, 1992, to life in prison without parole; or
205          (f) to death.
206          (3) (a) This chapter does not deprive a court of authority conferred by law:
207          (i) to forfeit property;
208          (ii) to dissolve a corporation;
209          (iii) to suspend or cancel a license;
210          (iv) to permit removal of an individual from office;
211          (v) to cite for contempt; or
212          (vi) to impose any other civil penalty.
213          (b) A court may include a civil penalty in a sentence.
214          (4) In addition to any other sentence that a sentencing court may impose, the court shall
215     order an individual to:
216          (a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution
217     Act;
218          [(b) subject to Subsection (5) and Section 77-32b-104, pay the cost of any government
219     transportation if the individual was:]
220          [(i) transported, in accordance with a court order, from one county to another county
221     within the state;]
222          [(ii) charged with a felony or a misdemeanor; and]
223          [(iii) convicted of an offense;]
224          [(c)] (b) subject to Section 77-32b-104, pay the cost expended by an appropriate
225     governmental entity under Section 77-30-24 for the extradition of the individual if the
226     individual:
227          (i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve
228     pending criminal charges; and
229          (ii) is convicted of an offense in the county for which the individual is returned;
230          [(d)] (c) subject to Subsection [(6)] (5) and Subsections 77-32b-104(2), (3), and (4),
231     pay the cost of medical care, treatment, hospitalization, and related transportation, as described
232     in Section 17-50-319, that is provided by a county to the individual while the individual is in a
233     county correctional facility before and after sentencing if:
234          (i) the individual is convicted of an offense that results in incarceration in the county
235     correctional facility; and
236          (ii) (A) the individual is not a state prisoner housed in the county correctional facility
237     through a contract with the Department of Corrections; or
238          (B) the reimbursement does not duplicate the reimbursement under Section 64-13e-104
239     if the individual is a state probationary inmate or a state parole inmate; and
240          [(e)] (d) pay any other cost that the court determines is appropriate under Section
241     77-32b-104.
242          [(5) (a) The court may not order an individual to pay the costs of government
243     transportation under Subsection (4)(b) if:]
244          [(i) the individual is charged with an infraction or a warrant is issued for an infraction
245     on a subsequent failure to appear; or]
246          [(ii) the individual was not transported in accordance with a court order.]
247          [(b) (i) The cost of governmental transportation under Subsection (4)(b) shall be
248     calculated according to the following schedule:]
249          [(A) $100 for up to 100 miles that an individual is transported;]
250          [(B) $200 for 100 miles to 200 miles that an individual is transported; and]
251          [(C) $350 for 200 miles or more that an individual is transported.]
252          [(ii) The schedule under Subsection (5)(b)(i) applies to each individual transported
253     regardless of the number of individuals transported in a single trip.]
254          [(6)] (5) The cost of medical care under Subsection [(4)(d)] (4)(c) does not include
255     expenses incurred by the county correctional facility in providing reasonable accommodation
256     for an inmate qualifying as an individual with a disability as defined and covered by the
257     Americans with Disabilities Act, 42 U.S.C. 12101 through 12213, including medical and
258     mental health treatment for the inmate's disability.
259          Section 4. Section 77-7-5 is amended to read:
260          77-7-5. Issuance of summons or warrant -- Time and place arrests may be made
261     -- Contents of warrant or summons -- Responsibility for transporting prisoners.
262          (1) As used in this section:
263          (a) "Daytime hours" means the hours after 6 a.m. and before 10 p.m.
264          (b) "Nighttime hours" means the hours after 10 p.m. and before 6 a.m.
265          (2) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance
266     of the accused only upon finding:
267          (a) probable cause to believe that the person to be arrested has committed a public
268     offense; and
269          (b) under the Utah Rules of Criminal Procedure, and this section that a warrant is
270     necessary to:
271          (i) prevent risk of injury to a person or property;
272          (ii) secure the appearance of the accused; or
273          (iii) protect the public safety and welfare of the community or an individual.
274          (3) If the offense charged is:
275          (a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
276          (b) a misdemeanor, the arrest upon a warrant may be made during nighttime hours only
277     if:
278          (i) the magistrate has endorsed authorization to do so on the warrant;
279          (ii) the person to be arrested is upon a public highway, in a public place, or in a place
280     open to or accessible to the public; or
281          (iii) the person to be arrested is encountered by a peace officer in the regular course of
282     that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for
283     arrest.
284          (4) (a) If the magistrate determines that the accused must appear in court, the
285     magistrate shall include in the arrest warrant the name of the law enforcement agency in the
286     county or municipality with jurisdiction over the offense charged.
287          (b) (i) The law enforcement agency identified by the magistrate under Subsection (4)(a)
288     is responsible for providing inter-county transportation of the defendant, if necessary, from the
289     arresting law enforcement agency to the court site.
290          (ii) The law enforcement agency named on the warrant may contract with another law
291     enforcement agency to have a defendant transported.
292          [(c) (i) The law enforcement agency identified by the magistrate under Subsection
293     (4)(a) as responsible for transporting the defendant shall provide to the court clerk of the court
294     in which the defendant is tried, an affidavit stating that the defendant was transported,
295     indicating the law enforcement agency responsible for the transportation, and stating the
296     number of miles the defendant was transported.]
297          [(ii) The court clerk shall:]
298          [(A) account for a cost paid under Subsection 76-3-201(4)(b) for government
299     transportation; and]
300          [(B) dispense money collected by the court under Subsection (4)(c)(ii)(A) to the law
301     enforcement agency responsible for the transportation of a convicted defendant.]
302          (5) The law enforcement agency identified by the magistrate under Subsection (4)(a)
303     shall indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and
304     legal holidays if a warrant issued in accordance with this section is an extradition warrant.
305          (6) The law enforcement agency identified by the magistrate under Subsection (4)(a)
306     shall report any changes to the status of a warrant issued in accordance with this section to the
307     Bureau of Criminal Identification.
308          Section 5. Section 77-30-24 is amended to read:
309          77-30-24. Payment of expenses -- Extradition costs.
310          (1) (a) When the punishment of an offense is the confinement of the defendant in
311     prison, the expenses shall be paid out of the state treasury on the certificate of the governor and
312     warrant of the auditor.
313          (b) In all other cases, the expenses for confinement shall be paid out of the treasury of
314     the county where the offense is alleged to have been committed.
315          (c) The expenses shall be the fees paid to the officers of the state on whose governor
316     the requisition is made.
317          (2) If a defendant is returned to the state under this chapter and the defendant is
318     convicted of, or pleads guilty or no contest to, the offense or to a lesser offense, the defendant
319     may be required to pay the costs of extradition to the appropriate governmental entity as
320     described in Subsection [76-3-201(4)(c)] 76-3-201(4)(b).
321          Section 6. Section 77-32b-104 is amended to read:
322          77-32b-104. Costs -- What constitute costs -- Ability to pay.
323          (1) Except for a cost described in Subsection 76-3-201(4), [costs shall be limited to] a
324     court may order a defendant under Section 76-3-201 to pay costs for expenses incurred by the
325     state or any political subdivision of the state for investigating, searching for, apprehending, and
326     prosecuting the defendant, including:
327          (a) attorney fees of counsel assigned to represent the defendant;
328          (b) investigators' fees; or
329          (c) except for a monetary reward that is paid to a codefendant, an accomplice, or a
330     bounty hunter, a monetary reward that is:
331          (i) offered to the public in exchange for information that would lead to the
332     apprehension and conviction of the defendant; and
333          (ii) paid to a person who provided information that led to the apprehension and
334     conviction of the defendant.
335          (2) A cost under Subsection (1) may not include:
336          (a) expenses inherent in providing a constitutionally guaranteed trial;
337          (b) expenditures in connection with the maintenance and operation of government
338     agencies that must be made by the public irrespective of specific violations of law; [or]
339          (c) attorney fees for prosecuting attorneys[.]; or
340          (d) expenses for government transportation to and from court proceedings related to the
341     prosecution of the offense for which the defendant is convicted.
342          (3) The court may not order a defendant to pay a cost, unless there is evidence that the
343     defendant is, or will be, able to pay the cost.
344          (4) In determining the amount of a cost that a defendant is ordered to pay, the court
345     shall take into account:
346          (a) the financial resources of the defendant;
347          (b) the nature of the burden that payment of the cost will impose; and
348          (c) that restitution is prioritized over any cost.
349          Section 7. Section 78B-22-1002 is amended to read:
350          78B-22-1002. Recovery of costs for indigent defense services.
351          (1) Except as provided in Subsection (2), a court shall order an individual to pay the
352     indigent defense system for the cost of indigent defense services in accordance with Subsection
353     [76-3-201(4)(e)] 76-3-201(4)(d) and Section 77-32b-104 if:
354          (a) the individual was provided indigent defense services by the indigent defense
355     system; and
356          (b) the indigent defense system provides financial documentation or proof to the court
357     that demonstrates that the individual is not indigent under Section 78B-22-202.
358          (2) This section does not apply to a minor, who is appointed an indigent defense
359     service provider, or the minor's parent or legal guardian.