Enrolled Copy H.B. 260
1 CRIMINAL JUSTICE MODIFICATIONS
2 2021 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karianne Lisonbee
5 Senate Sponsor: Michael S. Kennedy
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to sentencing, probation, parole, and court-ordered
10 restitution, fines, fees, and other costs.
11 Highlighted Provisions:
12 This bill:
13 < defines and modifies terms;
14 < modifies the duties of the Office of State Debt Collection in relation to processing
15 and collecting payments in criminal cases;
16 < prohibits the Office of State Debt Collection from assessing interest on certain
17 accounts receivables;
18 < amends provisions on interest, fees, and other amounts charged by the Office of
19 State Debt Collection;
20 < authorizes the Office of State Debt Collection to make certain rules regarding a
21 payment for a civil judgment of restitution;
22 < amends provisions regarding the State Debt Collection Fund;
23 < provides that an administrative garnishment order for a civil accounts receivable or
24 a civil judgment of restitution is a continuation of a criminal action;
25 < amends provisions regarding a restitution request from the Office for Victims of
26 Crime;
27 < addresses the collection of an accounts receivable by the Department of Corrections;
28 < amends provisions regarding accounts for offenders who are in the custody of the
29 Department of Corrections;
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30 < allows the Department of Corrections to establish a fine for a violation of
31 department rules and to require the offender to pay the fine;
32 < amends the exceptions to a spendthrift provision of a trust to allow the Office of
33 State Debt Collection to obtain a court order for a distribution;
34 < amends the orders that a court imposes at sentencing;
35 < requires the court to order restitution, and to collect, receive, process, and distribute
36 payments for restitution, for a diversion agreement and a plea in abeyance
37 agreement;
38 < requires a court to order restitution if a defendant does not successfully complete a
39 plea in abeyance agreement;
40 < reorganizes and renumbers Title 77, Chapter 18, The Judgment;
41 < amends provisions on presentence investigation reports;
42 < amends provisions on the suspension of a sentence and the terms and conditions of
43 probation;
44 < amends provisions regarding home confinement for a probationer;
45 < amends provisions regarding the termination, revocation, modification, or extension
46 of probation;
47 < amends provisions regarding standards for supervision and presentence
48 investigation reports;
49 < requires a court to enter a civil accounts receivable and a civil judgment of
50 restitution upon the termination of a defendant's sentence if there is an unpaid
51 balance of the defendant's criminal accounts receivable;
52 < requires the court to enter a civil accounts receivable and a civil judgment of
53 restitution if a defendant does not owe restitution and the defendant's criminal
54 accounts receivable is 90 days past due;
55 < enacts provisions regarding civil accounts receivables and civil judgments of
56 restitution;
57 < allows the sentencing court to retain jurisdiction over a defendant's case for certain
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58 reasons;
59 < repeals the authority of the Board of Pardons and Parole to enter an order for
60 restitution;
61 < allows the Board of Pardons and Parole to remit a criminal accounts receivable and
62 modify a payment schedule for a criminal accounts receivable;
63 < amends provisions on the conditions for parole;
64 < provides that a defendant may be required to pay a criminal accounts receivable
65 during incarceration or parole supervision;
66 < requires the Board of Pardons and Parole to refer an offender's case to the
67 sentencing court if an order for restitution or a criminal accounts receivable has not
68 been entered by the court within certain time periods;
69 < requires the Board of Pardons and Parole to refer an offender's case to the
70 sentencing court for any challenges to the defendant's criminal accounts receivable;
71 < provides certain notice requirements for a modification of a criminal accounts
72 receivable;
73 < allows the Board of Pardons and Parole to enter an order to recover certain
74 damages;
75 < amends provisions related to extradition costs for a defendant;
76 < reorganizes and renumbers Title 77, Chapter 32a, Criminal Accounts Receivable
77 and Defense Costs;
78 < enacts provisions relating to criminal accounts receivables;
79 < modifies provisions regarding costs that a defendant may be ordered to pay;
80 < allows for the remittance or modification of a criminal accounts receivable in
81 certain circumstances;
82 < provides the requirements for remittance or modification of a criminal accounts
83 receivable, or modification of a payment schedule for a criminal accounts
84 receivable;
85 < provides that certain victim information maintained by the Utah State Courts is
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86 classified as protected;
87 < provides that victim contact information and impact statement is available to the
88 Utah State Courts;
89 < requires a victim to provide contact information to the court for restitution and
90 hearing purposes;
91 < reorganizes and renumbers Title 77, Chapter 38a, Crime Victims Restitution Act;
92 < enacts provisions relating to restitution information collected by a law enforcement
93 agency;
94 < enacts provisions relating to a prosecuting attorney's responsibilities for gathering
95 restitution information and depositing restitution money;
96 < enacts provisions on the Department of Correction's responsibilities in preparing the
97 presentence investigation report with restitution information;
98 < requires a victim to submit certain information in a restitution claim;
99 < addresses protecting a victim's identity, and a victim's family's identity, in
100 information submitted to the court for restitution purposes;
101 < allows a defendant to view protected, safeguarded, or confidential information about
102 a victim or a victim's family in certain circumstances;
103 < amends provisions related to a financial declaration by a defendant;
104 < enacts provisions relating to an order for restitution;
105 < enacts provisions related to the enforceability, nature, effect, and satisfaction of a
106 civil judgment of restitution and a civil accounts receivable;
107 < addresses interest on a civil judgment of restitution and civil accounts receivable;
108 < addresses the default or delinquency of a civil accounts receivable and a civil
109 judgment of restitution;
110 < provides that a civil judgment of restitution and a civil accounts receivable may not
111 be discharged in bankruptcy;
112 < addresses a civil action for restitution by a victim;
113 < addresses the priority of payments for a restitution, a criminal accounts receivable, a
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114 civil judgment of restitution, and a civil accounts receivable;
115 < amends provisions regarding the enforcement and collection of restitution;
116 < addresses contempt of court for delinquency or default of a civil accounts receivable
117 or a civil judgment of restitution;
118 < repeals statutes relating to restitution, probation, and criminal accounts receivables;
119 and
120 < makes technical and conforming changes.
121 Money Appropriated in this Bill:
122 None
123 Other Special Clauses:
124 This bill provides a special effective date.
125 This bill provides coordination clauses.
126 Utah Code Sections Affected:
127 AMENDS:
128 17-50-319, as last amended by Laws of Utah 2016, Chapter 243
129 32B-4-305, as enacted by Laws of Utah 2010, Chapter 276
130 58-50-2, as last amended by Laws of Utah 2006, Chapter 196
131 58-50-9, as last amended by Laws of Utah 1995, Chapters 20 and 352
132 58-50-10, as last amended by Laws of Utah 1995, Chapters 20 and 352
133 59-10-529, as last amended by Laws of Utah 2017, Chapter 270
134 62A-15-625, as last amended by Laws of Utah 2018, Chapter 322
135 63A-3-501, as last amended by Laws of Utah 2016, Chapters 129 and 298
136 63A-3-502, as last amended by Laws of Utah 2017, Chapters 56 and 304
137 63A-3-504, as renumbered and amended by Laws of Utah 2011, Chapter 79
138 63A-3-505, as last amended by Laws of Utah 2016, Chapter 192
139 63A-3-507, as last amended by Laws of Utah 2019, Chapter 269
140 63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
141 303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
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142 of Utah 2020, Chapter 360
143 63M-7-303, as last amended by Laws of Utah 2018, Chapter 414
144 63M-7-305, as last amended by Laws of Utah 2016, Chapters 158 and 191
145 63M-7-502, as last amended by Laws of Utah 2020, Chapters 149 and 230
146 63M-7-503, as last amended by Laws of Utah 2020, Chapter 149
147 63M-7-513, as last amended by Laws of Utah 2020, Chapter 149
148 64-13-1, as last amended by Laws of Utah 2016, Chapter 243
149 64-13-6, as last amended by Laws of Utah 2018, Chapter 200
150 64-13-21, as last amended by Laws of Utah 2019, Chapter 27
151 64-13-23, as last amended by Laws of Utah 2002, Chapter 140
152 64-13-33, as last amended by Laws of Utah 2009, Chapter 258
153 64-13e-102, as last amended by Laws of Utah 2020, Chapters 354 and 410
154 75-7-503, as last amended by Laws of Utah 2018, Chapter 116
155 76-2-404, as last amended by Laws of Utah 2015, Chapter 47
156 76-3-208, as last amended by Laws of Utah 2019, Chapter 222
157 76-3-301.5, as enacted by Laws of Utah 1988, Chapter 152
158 76-3-406, as last amended by Laws of Utah 2020, Chapter 214
159 76-6-107.1, as renumbered and amended by Laws of Utah 2008, Chapter 3
160 76-6-111, as last amended by Laws of Utah 2017, Chapter 345
161 76-6-206.2, as last amended by Laws of Utah 2009, Chapter 344
162 76-6-206.3, as enacted by Laws of Utah 2009, Chapter 270
163 76-6-1102, as last amended by Laws of Utah 2015, Chapter 258
164 76-6-1105, as last amended by Laws of Utah 2018, Chapter 221
165 76-10-1204, as last amended by Laws of Utah 2009, Chapter 345
166 76-10-1205, as last amended by Laws of Utah 2007, Chapter 337
167 76-10-1206, as last amended by Laws of Utah 2019, Chapters 189 and 382
168 76-10-1214, as last amended by Laws of Utah 1990, Chapter 163
169 76-10-1228, as last amended by Laws of Utah 2007, Chapter 123
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170 77-1-3, as last amended by Laws of Utah 2015, Chapter 412
171 77-2-2, as enacted by Laws of Utah 1980, Chapter 15
172 77-2-5, as enacted by Laws of Utah 1980, Chapter 15
173 77-2a-1, as enacted by Laws of Utah 1993, Chapter 82
174 77-2a-3, as last amended by Laws of Utah 2008, Chapters 3, 339, and 382
175 77-7-5, as last amended by Laws of Utah 2019, Chapter 406
176 77-7-21, as last amended by Laws of Utah 2020, Chapter 185
177 77-19-10, as last amended by Laws of Utah 2015, Chapter 47
178 77-20-4, as last amended by Laws of Utah 2020, Chapter 185
179 77-20b-101, as last amended by Laws of Utah 2020, Chapter 185
180 77-27-1, as last amended by Laws of Utah 2015, Chapter 412
181 77-27-2, as last amended by Laws of Utah 2020, Chapters 352 and 373
182 77-27-5, as last amended by Laws of Utah 2019, Chapter 148
183 77-27-11, as last amended by Laws of Utah 2018, Chapter 334
184 77-30-24, as last amended by Laws of Utah 1987, Chapter 107
185 77-37-3, as last amended by Laws of Utah 2014, Chapter 232
186 77-37-5, as last amended by Laws of Utah 2011, Chapter 131
187 77-38-3, as last amended by Laws of Utah 2016, Chapter 223
188 77-38-15, as last amended by Laws of Utah 2019, Chapter 26
189 77-40-102, as last amended by Laws of Utah 2020, Chapter 354
190 77-40-105, as last amended by Laws of Utah 2020, Chapters 177 and 218
191 78A-2-214, as last amended by Laws of Utah 2011, Chapter 79
192 78A-2-231, as last amended by Laws of Utah 2020, Chapter 12
193 78B-2-115, as last amended by Laws of Utah 2017, Chapter 304
194 78B-5-502, as renumbered and amended by Laws of Utah 2008, Chapter 3
195 78B-5-505, as last amended by Laws of Utah 2020, Chapter 425
196 78B-6-317, as enacted by Laws of Utah 2017, Chapter 304
197 78B-7-804, as enacted by Laws of Utah 2020, Chapter 142
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198 ENACTS:
199 77-18-101, Utah Code Annotated 1953
200 77-18-102, Utah Code Annotated 1953
201 77-18-103, Utah Code Annotated 1953
202 77-18-105, Utah Code Annotated 1953
203 77-18-106, Utah Code Annotated 1953
204 77-18-107, Utah Code Annotated 1953
205 77-18-108, Utah Code Annotated 1953
206 77-18-109, Utah Code Annotated 1953
207 77-18-114, Utah Code Annotated 1953
208 77-18-118, Utah Code Annotated 1953
209 77-27-6.1, Utah Code Annotated 1953
210 77-32b-101, Utah Code Annotated 1953
211 77-32b-103, Utah Code Annotated 1953
212 77-32b-105, Utah Code Annotated 1953
213 77-32b-106, Utah Code Annotated 1953
214 77-38b-201, Utah Code Annotated 1953
215 77-38b-202, Utah Code Annotated 1953
216 77-38b-203, Utah Code Annotated 1953
217 77-38b-205, Utah Code Annotated 1953
218 77-38b-301, Utah Code Annotated 1953
219 77-38b-302, Utah Code Annotated 1953
220 77-38b-303, Utah Code Annotated 1953
221 REPEALS AND REENACTS:
222 76-3-201, as last amended by Laws of Utah 2017, Chapter 304
223 RENUMBERS AND AMENDS:
224 77-2-2.1, (Renumbered from 77-2-1, as enacted by Laws of Utah 1980, Chapter 15)
225 77-2-2.2, (Renumbered from 77-2-1.1, as enacted by Laws of Utah 1992, Chapter 33)
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226 77-2-2.3, (Renumbered from 77-2-1.2, as enacted by Laws of Utah 2020, Chapter 151)
227 77-18-104, (Renumbered from 77-18-1.1, as last amended by Laws of Utah 2016,
228 Chapter 158)
229 77-18-110, (Renumbered from 77-18-3, as last amended by Laws of Utah 2008,
230 Chapter 3)
231 77-18-111, (Renumbered from 77-18-4, as last amended by Laws of Utah 1994,
232 Chapter 13)
233 77-18-112, (Renumbered from 77-18-5, as last amended by Laws of Utah 1994,
234 Chapter 13)
235 77-18-113, (Renumbered from 77-18-5.5, as last amended by Laws of Utah 2015,
236 Chapter 47)
237 77-18-115, (Renumbered from 77-18-6.5, as enacted by Laws of Utah 1997, Chapter
238 223)
239 77-18-116, (Renumbered from 77-18-7, as enacted by Laws of Utah 1980, Chapter 15)
240 77-18-117, (Renumbered from 77-18-8, as enacted by Laws of Utah 1980, Chapter 15)
241 77-32b-102, (Renumbered from 77-32a-101, as enacted by Laws of Utah 2017, Chapter
242 304)
243 77-32b-104, (Renumbered from 77-32a-107, as renumbered and amended by Laws of
244 Utah 2017, Chapter 304)
245 77-32b-107, (Renumbered from 77-32a-110, as renumbered and amended by Laws of
246 Utah 2017, Chapter 304)
247 77-38b-101, (Renumbered from 77-38a-101, as enacted by Laws of Utah 2001, Chapter
248 137)
249 77-38b-102, (Renumbered from 77-38a-102, as last amended by Laws of Utah 2020,
250 Chapter 214)
251 77-38b-204, (Renumbered from 77-38a-204, as enacted by Laws of Utah 2013, Chapter
252 74)
253 77-38b-304, (Renumbered from 77-38a-404, as last amended by Laws of Utah 2020,
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254 Chapter 214)
255 77-38b-401, (Renumbered from 77-38a-502, as enacted by Laws of Utah 2001, Chapter
256 137)
257 77-38b-402, (Renumbered from 77-38a-601, as last amended by Laws of Utah 2009,
258 Chapter 265)
259 REPEALS:
260 76-6-412.5, as last amended by Laws