Utah Title 76 — Utah Criminal Code :: 76-3-201 — Definitions -- Sentences Or Combination Of Sentences Allowed -- Civil Penalties.
76-3-201. Definitions -- Sentences or combination of sentences allowed -- Civil penalties.(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, and unless otherwise ordered by the court, the defendant shall 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) 0 for up to 100 miles a defendant is transported;
(B) 0 for 100 up to 200 miles a defendant is transported; and
(C) 0 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, and unless otherwise
ordered by the court pursuant to Subsection (6)(c), the defendant shall pay 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
64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102, or a
state parole inmate, as defined in Section 64-13e-102.
(b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined by
the county correctional facility, but may not exceed the daily inmate incarceration costs and
medical and transportation costs for the county correctional facility.
(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 whether to order that the restitution required under this Subsection (6)
be reduced or that the defendant be exempted from the restitution, the court shall consider the
criteria under Subsections 77-38a-302(5)(c)(i) through (iv) and shall enter the reason for its order
on the record.
(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).
Amended by Chapter 85, 2010 General Session