77-38b-204. Financial declaration by defendant.
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Effective 5/4/2022
77-38b-204. Financial declaration by defendant.
(a)The Judicial Council shall design and publish a financial declaration form to be completed by a defendant before the sentencing court establishes a payment schedule under Section 77-38b-205 .
(b)The financial declaration form shall:
(i)require a defendant to disclose all assets, income, and financial liabilities of the defendant, including:
(A)real property;
(B)vehicles;
(C)precious metals or gems;
(D)jewelry with a value of $1,000 or more;
(E)other personal property with a value of $1,000 or more;
(F)the balance of any bank account and the name of the financial institution for the bank account;
(G)cash;
(H)salary, wages, commission, tips, and business income, including the name of any employer or entity from which the defendant receives a salary, wage, commission, tip, or business income;
(I)pensions and annuities;
(J)intellectual property;
(K)accounts receivable;
(L)accounts payable;
(M)mortgages, loans, and other debts; and
(N)restitution that has been ordered, and not fully paid, in other cases; and
(ii)state that a false statement made in the financial declaration form is punishable as a third degree felony under Section 76-8-504 .
(2)After a plea disposition or conviction has been entered but before sentencing, a defendant shall complete the financial declaration form described in Subsection
(1).
(3)When a civil judgment of restitution or a civil accounts receivable is entered for a defendant on the civil judgment docket under Section 77-18-114 , the court shall provide the Office of State Debt Collection with the defendant's financial declaration form.
Amended by Chapter 328 , 2022 General Session