76-3-301.7. Compensatory service -- Credit for cost of court-ordered treatment or course.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Compensatory service" means service or unpaid work performed by a person, in lieu of the payment of a criminal fine, for:

(i)a state or local government agency;

(ii)an entity that is approved as a nonprofit organization under Section 501(c) of the Internal Revenue Code; or

(iii)any other entity or organization if prior approval is obtained from the court.

(b)"Eligible offense" means a criminal conviction, including a traffic offense.

(2)When a defendant is sentenced to pay a fine for an eligible offense, the court shall inform the defendant of the opportunity to perform compensatory service instead of paying the fine or account receivable, exclusive of any victim restitution imposed.

(3)When a defendant chooses to voluntarily pay the recommended fine amount without a personal appearance under Section 77-7-21 , the court shall ensure before the defendant voluntarily makes the payment that the defendant is informed of the opportunity to perform compensatory service instead of the voluntary payment and the process for pursuing that opportunity.

(4)The court shall credit timely completed compensatory service reported in accordance with Subsection

(5)against the amount owed at the rate of $12 per hour and shall allow the defendant a reasonable amount of time to complete the service.

(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 under 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

(A)is signed by an authorized representative of the organization; or

(B)is in a form otherwise acceptable to the court.

(6)The court may refuse to accept compensatory service:

(a)completed before 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.

(7)In addition to any other provision of this section, a court may order that the unpaid amount of the criminal accounts receivable, that is not the principal or interest amount owed for restitution, be reduced in the amount of the cost of any treatment or course if:

(a)the treatment or course was ordered by the court as part of the case;

(b)the defendant has completed the court's requirements related to the treatment or course;

(c)the defendant provides proof that the defendant completed the court's requirements and paid the cost of the treatment or course; and

(d)the court finds that payment of an unpaid amount of a criminal accounts receivable will impose manifest hardship on the defendant or the defendant's family.

Amended by Chapter 284 , 2026 General Session