77-27-6.1.
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/ut/title-77/chapter-27/77-27-6-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
77-27-6.1. Payment of a criminal accounts receivable -- Failure to enter an order for restitution or create a criminal accounts receivable -- Modification of a criminal accounts receivable -- Order for recovery of costs or pecuniary damages.
(1)For an offender sentenced on or after July 1, 2021:
(a)when an offender is committed to prison, the board may require the offender to pay the offender's criminal accounts receivable ordered by the court during the period of incarceration or parole supervision;
(b)if the board orders the release of an offender on parole and there is an unpaid balance on the offender's criminal accounts receivable, the board may modify the payment schedule entered by the court for the offender's criminal accounts receivable in accordance with Section 77-32b-105 ;
(i)if the sentencing court has not entered an order of restitution for an offender who is under the jurisdiction of the board, the board shall refer the offender's case to the sentencing court, within the time periods described in Section 77-38b-205 , to enter an order for restitution for the offender in accordance with Section 77-38b-205 ; and
(ii)if the sentencing court has not entered an order to establish a criminal accounts receivable for an offender who is under the jurisdiction of the board, the board shall refer the offender's case to the sentencing court, within the time periods described in Section 77-38b-205 , to enter an order to establish a criminal accounts receivable for the offender in accordance with Section 77-32b-103 ; and
(i)if there is a challenge to an offender's criminal accounts receivable, the board shall refer the offender's case to the sentencing court, within the time periods described in Section 77-38b-205 , to resolve the challenge to the criminal accounts receivable; and
(ii)if a sentencing court modifies a criminal accounts receivable after the offender is committed to prison, the sentencing court shall provide notice to the board of the modification.
(2)For an offender sentenced before July 1, 2021:
(a)the board may impose any court order for restitution;
(b)the board may order that a defendant make restitution for pecuniary damages that were not determined by the court, unless the board determines that restitution is inappropriate based upon application of the following criteria:
(i)if the offense resulted in damage to or loss or destruction of property of a victim of the offense, the cost of the damage or loss;
(ii)the cost of necessary medical and related professional services and devices relating to physical or mental health care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment;
(iii)the cost of necessary physical and occupational therapy and rehabilitation;
(iv)the income lost by the victim as a result of the offense;
(v)the individual victim's reasonable determinable wages lost due to theft of or damage to tools or equipment items of a trade that were owned by the victim and were essential to the victim's current employment at the time of the offense;
(vi)the cost of necessary funeral and related services if the offense resulted in the death of a victim; and
(vii)expenses incurred by a victim in implementing reasonable security measures in response to the offense;
(c)except as provided in Subsection (2)(d), the board shall make all orders of restitution within 60 days after the termination or expiration of the defendant's sentence;
(d)if, upon termination or expiration of a defendant's sentence, the board has continuing jurisdiction over the defendant for a separate criminal offense, the board may defer making an order of restitution until 60 days after termination or expiration of all sentences for that defendant;
(e)if, upon termination or expiration of a defendant's sentence, the defendant owes outstanding fines, restitution, or other assessed costs, or if the board makes an order of restitution within 60 days after the termination or expiration of the defendant's sentence:
(i)the matter shall be referred to the district court for civil collection remedies;
(ii)the Board of Pardons and Parole shall forward a restitution order to the sentencing court to be entered on the judgment docket as a civil judgment of restitution; and
(iii)the judgment docket entry shall constitute a lien and is subject to the same rules as a judgment for money in a civil judgment; and
(f)if the board makes an order of restitution within 60 days after termination or expiration of the defendant's sentence, a defendant shall have 90 days after the board makes the order to file a petition for remittance in accordance with Section 77-32b-106 ;
(i)if a defendant timely files a petition for remittance, the board shall forward any unpaid amount of the restitution to the trial court to be entered on the judgment docket as a civil judgment of restitution within 30 days of resolving the defendant's petition; and
(ii)if the defendant does not timely file a petition for remittance, the board shall forward the unpaid amount of restitution to the trial court to be entered on the judgment docket as a civil judgment of restitution within 30 days of the expiration of the time for the defendant to file the petition.
(3)The board may enter an order to recover any cost or fee incurred by the department, or the state or any other agency, arising out of the offender's needs or conduct.
Amended by Chapter 526 , 2025 General Session