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) […]