2006 Utah Code - 76-3-201 — Definitions -- Sentences or combination of sentences allowed -- Civil penalties -- Hearing.

     76-3-201.   Definitions -- Sentences or combination of sentences allowed -- Civil penalties -- Hearing.
     (1) As used in this section:
     (a) "Conviction" includes a:
     (i) judgment of guilt; and
     (ii) plea of guilty.
     (b) "Criminal activities" means any offense of which the defendant is convicted or any other criminal conduct for which the defendant admits responsibility to the sentencing court with or without an admission of committing the criminal conduct.
     (c) "Pecuniary damages" means all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities and includes the money equivalent of property taken, destroyed, broken, or otherwise harmed, and losses including earnings and medical expenses.
     (d) "Restitution" means full, partial, or nominal payment for pecuniary damages to a victim, and payment for expenses to a governmental entity for extradition or transportation and as further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.
     (e) (i) "Victim" means any person who the court determines has suffered pecuniary damages as a result of the defendant's criminal activities.
     (ii) "Victim" does not include any coparticipant in the defendant's criminal activities.
     (2) Within the limits prescribed by this chapter, a court may sentence a person convicted of an offense to any one of the following sentences or combination of them:
     (a) to pay a fine;
     (b) to removal or disqualification from public or private office;
     (c) to probation unless otherwise specifically provided by law;
     (d) to imprisonment;
     (e) on or after April 27, 1992, to life in prison without parole; or
     (f) to death.
     (3) (a) This chapter does not deprive a court of authority conferred by law to:
     (i) forfeit property;
     (ii) dissolve a corporation;
     (iii) suspend or cancel a license;
     (iv) permit removal of a person from office;
     (v) cite for contempt; or
     (vi) impose any other civil penalty.
     (b) A civil penalty may be included in a sentence.
     (4) (a) When a person is convicted of criminal activity that has resulted in pecuniary damages, in addition to any other sentence it may impose, the court shall order that the defendant make restitution to the victims, or for conduct for which the defendant has agreed to make restitution as part of a plea agreement.
     (b) In determining whether restitution is appropriate, the court shall follow the criteria and procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
     (5) (a) In addition to any other sentence the court may impose, the court shall order the defendant to pay restitution of governmental transportation expenses if the defendant was:
     (i) transported pursuant to court order from one county to another within the state at

governmental expense to resolve pending criminal charges;
     (ii) charged with a felony or a class A, B, or C misdemeanor; and
     (iii) convicted of a crime.
     (b) The court may not order the defendant to pay restitution of governmental transportation expenses if any of the following apply:
     (i) the defendant is charged with an infraction or on a subsequent failure to appear a warrant is issued for an infraction; or
     (ii) the defendant was not transported pursuant to a court order.
     (c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i) shall be calculated according to the following schedule:
     (A) $75 for up to 100 miles a defendant is transported;
     (B) $125 for 100 up to 200 miles a defendant is transported; and
     (C) $250 for 200 miles or more a defendant is transported.
     (ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendant transported regardless of the number of defendants actually transported in a single trip.
     (d) If a defendant has been extradited to this state under Title 77, Chapter 30, Extradition, to resolve pending criminal charges and is convicted of criminal activity in the county to which he has been returned, the court may, in addition to any other sentence it may impose, order that the defendant make restitution for costs expended by any governmental entity for the extradition.
     (6) (a) In addition to any other sentence the court may impose, the court shall order the defendant to pay court-ordered restitution to the county for the cost of incarceration in the county correctional facility before and after sentencing if:
     (i) the defendant is convicted of criminal activity that results in incarceration in the county correctional facility; and
     (ii) (A) the defendant is not a state prisoner housed in a county correctional facility through a contract with the Department of Corrections; or
     (B) the reimbursement does not duplicate the reimbursement provided under Section 64-13c-301 if the defendant is a state prisoner housed in a county correctional facility as a condition of probation under Subsection 77-18-1(8).
     (b) (i) The costs of incarceration under Subsection (6)(a) are:
     (A) the daily core inmate incarceration costs and medical and transportation costs established under Section 64-13c-302; and
     (B) the costs of transportation services and medical care that exceed the negotiated reimbursement rate established under Subsection 64-13c-302(2).
     (ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurred by the county correctional facility in providing reasonable accommodation for an inmate qualifying as an individual with a disability as defined and covered by the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mental health treatment for the inmate's disability.
     (c) In determining the monetary sum and other conditions for the court-ordered restitution under this Subsection (6), the court shall consider the criteria provided under Subsections 77-38a-302(5)(c)(i) through (iv).
     (d) If on appeal the defendant is found not guilty of the criminal activity under Subsection (6)(a)(i) and that finding is final as defined in Section 76-1-304, the county shall

reimburse the defendant for restitution the defendant paid for costs of incarceration under Subsection (6)(a).
     (7) (a) If a statute under which the defendant was convicted mandates that one of three stated minimum terms shall be imposed, the court shall order imposition of the term of middle severity unless there are circumstances in aggravation or mitigation of the crime, except as provided in Subsection (8).
     (b) Prior to or at the time of sentencing, either party may submit a statement identifying circumstances in aggravation or mitigation or presenting additional facts. If the statement is in writing, it shall be filed with the court and served on the opposing party at least four days prior to the time set for sentencing.
     (c) In determining whether there are circumstances that justify imposition of the highest or lowest term, the court may consider the record in the case, the probation officer's report, other reports, including reports received under Section 76-3-404, statements in aggravation or mitigation submitted by the prosecution or the defendant, and any further evidence introduced at the sentencing hearing.
     (d) The court shall set forth on the record the facts supporting and reasons for imposing the upper or lower term.
     (e) In determining a just sentence, the court shall consider sentencing guidelines regarding aggravating and mitigating circumstances promulgated by the Sentencing Commission.
     (8) (a) The defendant shall be sentenced to the highest minimum term in prison if the trier of fact finds that:
     (i) during the commission of any of the following offenses the defendant causes substantial bodily injury to the child:
     (A) Section 76-5-301.1, child kidnapping;
     (B) Section 76-5-402.1, rape of a child;
     (C) Section 76-5-402.3, object rape of a child; or
     (D) Section 76-5-403.1, sodomy on a child; or
     (ii) at the time of the commission of any of the offenses in Subsections (8)(a)(i)(A) through (D), the defendant had been previously convicted of:
     (A) Section 76-5-402, rape;
     (B) Section 76-5-402.1, rape of a child;
     (C) Section 76-5-402.2, object rape;
     (D) Section 76-5-402.3, object rape of a child;
     (E) Subsection 76-5-403(2), forcible sodomy;
     (F) Section 76-5-403.1, sodomy on a child;
     (G) Section 76-5-404, forcible sexual abuse;
     (H) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;
     (I) Section 76-5-405, aggravated sexual assault;
     (J) any offense in any other state or federal jurisdiction which constitutes or would constitute a crime in Subsections (8)(a)(ii)(A) through (I); or
     (K) the attempt to commit any of the offenses in Subsections (8)(a)(ii)(A) through (J).
     (b) This Subsection (8) takes precedence over any conflicting provision of law.

Amended by Chapter 208, 2006 General Session