77-32b-104. Costs -- What constitute costs -- Ability to pay.

292 words·~1 min read·/ut/title-77/chapter-32b/77-32b-104·

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

Effective 5/3/2023

(1)Except for a cost described in Subsection 76-3-201(4) , a court may order a defendant under Section 76-3-201 to pay costs for expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including:

(a)attorney fees of counsel assigned to represent the defendant;

(b)investigators' fees; or

(c)except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is:

(i)offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and

(ii)paid to a person who provided information that led to the apprehension and conviction of the defendant.

(2)A cost under Subsection

(1)may not include:

(a)expenses inherent in providing a constitutionally guaranteed trial;

(b)expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law;

(c)attorney fees for prosecuting attorneys; or

(d)expenses for government transportation to and from court proceedings related to the prosecution of the offense for which the defendant is convicted.

(3)The court may not order a defendant to pay a cost, unless there is evidence that the defendant is, or will be, able to pay the cost.

(4)In determining the amount of a cost that a defendant is ordered to pay, the court shall take into account:

(a)the financial resources of the defendant;

(b)the nature of the burden that payment of the cost will impose; and

(c)that restitution is prioritized over any cost.

Amended by Chapter 497 , 2023 General Session