Section 201 – Sentences or combination of sentences allowed — Restitution and other costs — Civil penalties.

• (1) As used in this section:
  • (a)
    • (i) “Convicted” means:
      • (A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental illness; or
      • (B) having received a judgment of guilty or a judgment of guilty with a mental illness.
    • (ii) “Convicted” does not include an adjudication of an offense under Section 80-6-701.
  • (b) “Restitution” means the same as that term is defined in Section 77-38b-102.

• (2) Within the limits provided by this chapter, a court may sentence an individual convicted of an offense to any one of the following sentences, or combination of the following sentences:
  • (a) to pay a fine;
  • (b) to removal or disqualification from public or private office;
  • (c) except as otherwise provided by law, to probation in accordance with Section 77-18-105;
  • (d) to imprisonment;
  • (e) on or after April 27, 1992, to life in prison without parole; or
  • (f) to death.

• (3)
  • (a) This chapter does not deprive a court of authority conferred by law:
    • (i) to forfeit property;
    • (ii) to dissolve a corporation;
    • (iii) to suspend or cancel a license;
    • (iv) to permit removal of an individual from office;
    • (v) to cite for contempt; or
    • (vi) to impose any other civil penalty.
  • (b) A court may include a civil penalty in a sentence.

• (4) In addition to any other sentence that a sentencing court may impose, the court shall order an individual to:
  • (a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act;
  • (b) subject to Subsection (5) and Section 77-32b-104, pay the cost of any government transportation if the individual was:
    • (i) transported, in accordance with a court order, from one county to another county within the state;
    • (ii) charged with a felony or a misdemeanor; and
    • (iii) convicted of an offense;
  • (c) subject to Section 77-32b-104, pay the cost expended by an appropriate governmental entity under Section 77-30-24 for the extradition of the individual if the individual:
    • (i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve pending criminal charges; and
    • (ii) is convicted of an offense in the county for which the individual is returned;
  • (d) subject to Subsection (6) and Subsections 77-32b-104(2), (3), and (4), pay the cost of medical care, treatment, hospitalization, and related transportation, as described in Section 17-50-319, that is provided by a county to the individual while the individual is in a county correctional facility before and after sentencing if:
    • (i) the individual is convicted of an offense that results in incarceration in the county correctional facility; and
    • (ii)
      • (A) the individual is not a state prisoner housed in the county correctional facility through a contract with the Department of Corrections; or
      • (B) the reimbursement does not duplicate the reimbursement under Section 64-13e-104 if the individual is a state probationary inmate or a state parole inmate; and
  • (e) pay any other cost that the court determines is appropriate under Section 77-32b-104.

• (5)
  • (a) The court may not order an individual to pay the costs of government transportation under Subsection (4)(b) if:
    • (i) the individual is charged with an infraction or a warrant is issued for an infraction on a subsequent failure to appear; or
    • (ii) the individual was not transported in accordance with a court order.
  • (b)
    • (i) The cost of governmental transportation under Subsection (4)(b) shall be calculated according to the following schedule:
      • (A) $100 for up to 100 miles that an individual is transported;
      • (B) $200 for 100 miles to 200 miles that an individual is transported; and
      • (C) $350 for 200 miles or more that an individual is transported.
    • (ii) The schedule under Subsection (5)(b)(i) applies to each individual transported regardless of the number of individuals transported in a single trip.

• (6) The cost of medical care under Subsection (4)(d) does not include expenses incurred by the county correctional facility in providing reasonable accommodation for an inmate qualifying as an individual with a disability as defined and covered by the Americans with Disabilities Act, 42 U.S.C. 12101 through 12213, including medical and mental health treatment for the inmate’s disability.

Repealed and Re-enacted by Chapter 260, 2021 General Session
Amended by Chapter 261, 2021 General Session, (Coordination Clause)