2006 Utah Code - 77-38a-404 — Priority.

     77-38a-404.   Priority.
     (1) If restitution to more than one person, agency, or entity is set at the same time, the department shall establish the following priorities of payment, except as provided in Subsection (3):
     (a) the crime victim;
     (b) the Office of Crime Victim Reparations;
     (c) any other government agency which has provided reimbursement to the victim as a result of the offender's criminal conduct;
     (d) the person, entity, or governmental agency that has offered and paid a reward under Section 76-3-201.1 or 78-3a-118;
     (e) any insurance company which has provided reimbursement to the victim as a result of the offender's criminal conduct; and
     (f) any county correctional facility to which the court has ordered the defendant to pay restitution under Subsection 76-3-201(6).
     (2) Restitution ordered under Subsection (1)(f) is paid after criminal fines and surcharges are paid.
     (3) If the offender is required under Section 53-10-404 to reimburse the department for the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after restitution to the crime victim under Subsection (1)(a).
     (4) All money collected for court-ordered obligations from offenders by the department will be applied:
     (a) first, to victim restitution, except the $30 per month required to be collected by the department under Section 64-13-21, if applicable; and
     (b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection (3).

Amended by Chapter 278, 2003 General Session
Amended by Chapter 280, 2003 General Session

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