Section 303 – Civil action by a victim.
Effective 5/4/2022 77-38b-303. Civil action by a victim. (1) A provision under this part concerning restitution does not limit or impair the right of a person injured by a defendant’s criminal conduct to sue and recover damages from the defendant in a civil action. (2) (a) A court’s finding on the amount of restitution owed […]
Section 304 – Priority.
Effective 5/4/2022 77-38b-304. Priority. (1) The court, or the office, shall disburse a payment for restitution within 60 days after the day on which the payment is received from the defendant if: (a) the victim has complied with Subsection 77-38b-203(2); (b) if the defendant has tendered a negotiable instrument, funds from the financial institution are […]
Section 401 – Collection from inmate offenders.
Effective 7/1/2021 77-38b-401. Collection from inmate offenders. Upon written request of the prosecuting attorney, the victim, or the parole or probation agent for the defendant, the department shall collect restitution from offender funds held by the department under Section 64-13-23. Renumbered and Amended by Chapter 260, 2021 General Session
Section 402 – Preservation of assets.
Effective 5/4/2022 77-38b-402. Preservation of assets. (1) (a) Before, or at the time, a criminal information, indictment charging a violation, or a petition alleging delinquency is filed, or at any time during the prosecution of the case, a prosecuting attorney may, if in the prosecuting attorney’s best judgment there is a substantial likelihood that a […]
Section 201 – Law enforcement responsibility for collecting restitution information.
Effective 7/1/2021 77-38b-201. Law enforcement responsibility for collecting restitution information. A law enforcement agency investigating criminal conduct that would constitute a felony or a misdemeanor shall include all information about restitution for any potential victim in the investigative report, including information about: (1) whether a claim for restitution exists; (2) the basis for the claim; […]
Section 202 – Prosecuting attorney responsibility for collecting restitution information — Depositing restitution on behalf of victim.
Effective 7/1/2021 77-38b-202. Prosecuting attorney responsibility for collecting restitution information — Depositing restitution on behalf of victim. (1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting attorney shall: (a) contact any known victim of the offense for which the criminal charge is filed, or person asserting a claim for restitution […]
Section 203 – Department of Corrections responsibility for collecting restitution information — Presentence investigation report — In camera review of victim information.
Effective 7/1/2021 77-38b-203. Department of Corrections responsibility for collecting restitution information — Presentence investigation report — In camera review of victim information. (1) In preparing a presentence investigation report described in Section 77-18-103, the department shall obtain information on restitution from: (a) the law enforcement agency and the prosecuting attorney; and (b) any victim of […]
Section 204 – Financial declaration by defendant.
Effective 5/4/2022 77-38b-204. Financial declaration by defendant. (1) (a) The Judicial Council shall design and publish a financial declaration form to be completed by a defendant before the sentencing court establishes a payment schedule under Section 77-38b-205. (b) The financial declaration form shall: (i) require a defendant to disclose all assets, income, and financial liabilities […]
Section 205 – Order for restitution.
Effective 7/1/2021 77-38b-205. Order for restitution. (1) (a) (i) If a defendant is convicted, as defined in Section 76-3-201, the court shall order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to all victims: (A) in accordance with the terms of any plea agreement in the case; or (B) […]
Section 301 – Entry of judgment — Interest — Civil actions — Lien — Delinquency.
Effective 7/1/2021 77-38b-301. Entry of judgment — Interest — Civil actions — Lien — Delinquency. (1) As used in this section, “judgment” means an order for: (a) a civil judgment of restitution; or (b) a civil accounts receivable. (2) (a) If the court has entered a judgment on the civil judgment docket under Section 77-18-114, […]