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2020 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 32a - Criminal Accounts Receivable and Defense Costs
Section 104 - Delinquency and default as contempt of court.
Universal Citation: UT Code § 77-32a-104 (2020)
Effective 5/9/2017
77-32a-104. Delinquency and default as contempt of court.
Enacted by Chapter 304, 2017 General Session
77-32a-104. Delinquency and default as contempt of court.
- (1) If a criminal judgment accounts receivable, or any installment due, becomes delinquent, the court, upon motion of the prosecutor, a judgment creditor, or upon the court's own motion, may order the defendant to appear and show cause why the delinquency should not be treated as contempt of court as provided in Section 78B-6-317.
- (2) After the hearing, if it appears to the satisfaction of the court that the delinquency is not contempt, the court may enter an order for any of the following or any combination of the following:
- (a) require the defendant to pay the criminal judgment account receivable or a specified part of the criminal judgment account receivable by a date certain;
- (b) restructure the payment schedule;
- (c) restructure the installment amount;
- (d) except as limited by Subsection (4), satisfy the criminal judgment account receivable or any part of the criminal judgment account receivable with proof of compensatory service at a rate of credit at not less than $10 for each hour of compensatory service;
- (e) except as limited by Subsection (4), reduce or revoke the unpaid amount of the criminal judgment account receivable; or
- (f) record the unpaid balance of the criminal judgment account receivable as a civil judgment and transfer the responsibility for collecting the judgment to the Office of State Debt Collection.
- (3) The court may add postjudgment interest to the total accounts receivable if not previously ordered or included.
- (4) If the court determines that the delinquency does constitute contempt the court shall address the contempt as provided in Section 78B-6-310.
- (5) In issuing an order under this section, the court may not modify the amount of the judgment of complete restitution.
- (6) If the defendant is a corporation or unincorporated association, any contempt proceeding authorized by this section shall cite the person authorized to make disbursement from the assets of the corporation or association.
Enacted by Chapter 304, 2017 General Session
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