Section 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 of the defendant, including:
      • (A) real property;
      • (B) vehicles;
      • (C) precious metals or gems;
      • (D) jewelry with a value of $1,000 or more;
      • (E) other personal property with a value of $1,000 or more;
      • (F) the balance of any bank account and the name of the financial institution for the bank account;
      • (G) cash;
      • (H) salary, wages, commission, tips, and business income, including the name of any employer or entity from which the defendant receives a salary, wage, commission, tip, or business income;
      • (I) pensions and annuities;
      • (J) intellectual property;
      • (K) accounts receivable;
      • (L) accounts payable;
      • (M) mortgages, loans, and other debts; and
      • (N) restitution that has been ordered, and not fully paid, in other cases; and
    • (ii) state that a false statement made in the financial declaration form is punishable as a third degree felony under Section 76-8-504.

• (2) After a plea disposition or conviction has been entered but before sentencing, a defendant shall complete the financial declaration form described in Subsection (1).

• (3) When a civil judgment of restitution or a civil accounts receivable is entered for a defendant on the civil judgment docket under Section 77-18-114, the court shall provide the Office of State Debt Collection with the defendant’s financial declaration form.

Amended by Chapter 328, 2022 General Session