Section 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 on behalf of the victim; and
  • (b) gather the following information from the victim or person:
    • (i) the name of the victim or person; and
    • (ii) the actual or estimated amount of restitution.

• (2)
  • (a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the court, the prosecuting attorney shall provide the court with the information gathered by the prosecuting attorney under Subsection (1)(b).
  • (b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not have all the information under Subsection (1)(b), the prosecuting attorney shall provide the defendant with:
    • (i) at the time of plea disposition or conviction, all information under Subsection (1)(b) that is reasonably available to the prosecuting attorney; and
    • (ii) any information under Subsection (1)(b) as the information becomes available to the prosecuting attorney.
  • (c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim, or a person asserting a claim for restitution on behalf of a victim from:
    • (i) submitting information on, or a request for, restitution to the court within the time periods described in Subsection 77-38b-205(5); or
    • (ii) submitting information on, or a request for, restitution for additional or substituted victims within the time periods described in Subsection 77-38b-205(5).

• (3)
  • (a) The prosecuting attorney may be authorized by the appropriate public treasurer to deposit restitution collected on behalf of a victim into an interest-bearing account in accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of the funds to the victim.
  • (b) If restitution is deposited into an interest-bearing account under Subsection (3)(a), the prosecuting attorney shall:
    • (i) distribute any interest that accrues in the account to each victim on a pro rata basis; and
    • (ii) if all victims have been made whole and funds remain in the account, distribute any remaining funds to the Division of Finance, created in Section 63A-3-101, to deposit to the Utah Office for Victims of Crime.
  • (c) Nothing in this section prevents an independent judicial authority from collecting, holding, and distributing restitution.

Enacted by Chapter 260, 2021 General Session