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 101 – Investigation of sales of alcohol, tobacco products, electronic cigarette products, and nicotine products to underage individuals.
Effective 5/5/2021 77-39-101. Investigation of sales of alcohol, tobacco products, electronic cigarette products, and nicotine products to underage individuals. (1) As used in this section: (a) “Electronic cigarette product” means the same as that term is defined in Section 76-10-101. (b) “Nicotine product” means the same as that term is defined in Section 76-10-101. (c) […]
Section 102 – Applicability to juvenile court records.
Effective 5/4/2022 77-40a-102. Applicability to juvenile court records. This chapter does not apply to an expungement of a record for an adjudication under Section 80-6-701 or a nonjudicial adjustment, as that term is defined in Section 80-1-102, of an offense in the juvenile court. Renumbered and Amended by Chapter 250, 2022 General Session
Section 621 – Rulemaking.
Effective 1/1/2023 77-38-621. Rulemaking. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules to: (1) establish a process to expedite requests from law enforcement officers and agencies in accordance with Section 77-38-613; (2) establish procedures for an appeal process regarding cancellation of enrollment under Section 77-38-617; and (3) […]
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 […]