Section 301.7 – Compensatory service.

• (1) As used in this section, “compensatory service” means service or unpaid work performed by a person, in lieu of the payment of a criminal fine, for:
  • (a) a state or local government agency;
  • (b) an entity that is approved as a nonprofit organization under Section 501(c) of the Internal Revenue Code; or
  • (c) any other entity or organization if prior approval is obtained from the court.

• (2) When a defendant is sentenced to pay a fine for an infraction, class C or class B misdemeanor, the court shall consider allowing the defendant to complete compensatory service in lieu of the payment of the fine or account receivable, exclusive of any victim restitution imposed.

• (3) A defendant who intends to forfeit bail or who is ordered to pay a fine by the court for an infraction, class C or class B misdemeanor, shall be informed by the court of the opportunity to perform compensatory service in lieu of the fine or bail amount.

• (4) The court shall credit timely completed compensatory service reported in accordance with Subsection (5) against the fine or bail amount at the rate of $10 per hour and shall allow the defendant a reasonable amount of time to complete the service.

• (5)
  • (a) The court shall provide the defendant with instructions that inform the organization:
    • (i) about the requirements in Subsection (5)(b); and
    • (ii) that making a written false statement to the court about the defendant’s compensatory service is punishable as a class B misdemeanor pursuant to Section 76-8-504.
  • (b) The defendant shall report compensatory service hours to the court in a letter that:
    • (i) is on the organization’s official letterhead and includes contact information for the organization’s representative;
    • (ii) specifies the number of hours for which the defendant provided service;
    • (iii) contains a brief description of what the service involved; and
    • (iv) is signed by an authorized representative of the organization; or
    • (v) is in a form otherwise acceptable to the court.

• (6) The court may refuse to accept compensatory service:
  • (a) completed prior to the date of sentencing;
  • (b) that has been submitted to another court for credit; or
  • (c) completed at an agency or organization or is a type of service that is specifically prohibited by the court.

Enacted by Chapter 214, 2018 General Session