77-38b-203.
472 words·~2 min read·
/ut/title-77/chapter-38b/77-38b-203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 7/1/2021
77-38b-203. Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information.
(1)In preparing a presentence investigation report described in Section 77-18-103 , the department shall obtain information on restitution from:
(a)the law enforcement agency and the prosecuting attorney; and
(b)any victim of the offense or person asserting a claim for restitution on behalf of the victim.
(2)A victim seeking restitution, a prosecuting attorney, or a person asserting a claim for restitution on behalf of a victim, shall provide the department with:
(a)all invoices, bills, receipts, and any other evidence of pecuniary damages;
(b)all documentation of any compensation or reimbursement from an insurance company or a local, state, or federal agency that is related to the pecuniary damages for the offense;
(c)the victim's proof of identification, including the victim's date of birth, social security number, driver license number; and
(d)the victim's or the person's contact information, including next of kin if available, current home and work address, and telephone number.
(3)In the presentence investigation report, the department shall make every effort to:
(a)itemize any pecuniary damages suffered by the victim;
(b)include a specific statement on the amount of restitution that the department recommends for each victim; and
(c)include a victim impact statement that:
(i)provides the name of each victim and any person asserting a claim on behalf of a victim;
(ii)describes the effect of the offense on the victim and the victim's family;
(iii)describes any physical, mental, or emotional injury suffered by a victim as a result of the offense and the seriousness and permanence of the injury;
(iv)describes any change in a victim's personal welfare or familial relationships as a result of the offense;
(v)provides any request for mental health services by a victim or a victim's family member as a result of the offense; and
(vi)provides any other relevant information regarding the impact of the offense upon a victim or the victim's family.
(a)A prosecuting attorney and the department may take steps that are reasonably necessary to protect the identity of a victim and the victim's family in information that is submitted to the court under this section.
(b)If a defendant seeks to view protected, safeguarded, or confidential information about a victim or a victim's family, the court shall review the information in camera.
(c)The court may allow the defendant to view the information under Subsection (4)(b) if the court finds that:
(i)the defendant's interest in viewing the information outweighs the victim's or the victim's family safety and privacy interests; and
(ii)there are protections in place to safeguard the victim's and the victim's family safety and privacy interests.
Enacted by Chapter 260 , 2021 General Session