77-38b-202. Prosecuting attorney responsibility for collecting restitution information -- Depositing restitution on behalf of victim.

414 words·~2 min read·/ut/title-77/chapter-38b/77-38b-202

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

Effective 7/1/2026

(1)If a prosecuting attorney files a criminal charge against a defendant, the prosecuting attorney shall:

(a)contact any known victim of the offense for which the criminal charge is filed, or person asserting a claim for restitution on behalf of the victim; and

(b)gather the following information from the victim or person:

(i)the name of the victim or person; and

(ii)the actual or estimated amount of restitution.

(a)When a conviction, a diversion agreement, or a plea in abeyance is entered by the court, the prosecuting attorney shall provide the court with the information gathered by the prosecuting attorney under Subsection (1)(b) .

(b)If, at the time of the plea disposition or conviction, the prosecuting attorney does not have all the information under Subsection (1)(b) , the prosecuting attorney shall provide the defendant with:

(i)at the time of plea disposition or conviction, all information under Subsection (1)(b) that is reasonably available to the prosecuting attorney; and

(ii)any information under Subsection (1)(b) as the information becomes available to the prosecuting attorney.

(c)Nothing in this section shall be construed to prevent a prosecuting attorney, a victim, or a person asserting a claim for restitution on behalf of a victim from:

(i)submitting information on, or a request for, restitution to the court within the time periods described in Section 77-38b-205 ; or

(ii)submitting information on, or a request for, restitution for additional or substituted victims within the time periods described in Section 77-38b-205 .

(a)The prosecuting attorney may be authorized by the sentencing court or appropriate public treasurer to deposit restitution collected on behalf of a victim into an interest-bearing account in accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of the funds to the victim.

(b)If restitution is deposited into an interest-bearing account under Subsection (3)(a) , the prosecuting attorney shall:

(i)distribute any interest that accrues in the account to each victim on a pro rata basis; and

(ii)if all victims have been made whole and funds remain in the account, distribute any remaining funds to the Division of Finance, created in Section 63A-3-101 , to deposit to the Office for Victims of Crime.

(c)Nothing in this section prevents an independent judicial authority from collecting, holding, and distributing restitution.

Amended by Chapter 291 , 2026 General Session