Bill Summary – FastDemocracy

Enrolled Copy                                                                        S.B. 135
            GOVERNMENT TRANSPORTATION COST AMENDMENTS
                                         2023 GENERAL SESSION
                                            STATE OF UTAH
                               Chief Sponsor: Stephanie Pitcher
                                 House Sponsor: Ryan D. Wilcox
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to government transportation costs for individuals
 charged with or convicted of a crime.
 Highlighted Provisions:
        This bill:
        < clarifies the fees charged by a sheriff for government transportation of a prisoner to
 a court proceeding in a civil action;
        < repeals provisions regarding government transportation costs that are ordered as part
 of a criminal sentence;
        < amends the requirements for reporting transportation costs to the clerk of the court;
        < amends provisions related to costs ordered by a court as part of a criminal sentence;
 and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        17-22-2.5, as last amended by Laws of Utah 2018, Chapter 86
        17-50-319, as last amended by Laws of Utah 2021, Chapter 260
        76-3-201, as repealed and reenacted by Laws of Utah 2021, Chapter 260 and last
       S.B. 135                                                                           Enrolled Copy
 amended by Coordination Clause, Laws of Utah 2021, Chapter 261
        77-7-5, as last amended by Laws of Utah 2022, Chapter 131
        77-30-24, as last amended by Laws of Utah 2021, Chapter 260
        77-32b-104, as renumbered and amended by Laws of Utah 2021, Chapter 260
        78B-22-1002, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
35
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 17-22-2.5 is amended to read:
        17-22-2.5. Fees of sheriff.
        (1) (a) The legislative body of a county may set a fee for a service described in this
 section and charged by the county sheriff:
        (i) in an ordinance adopted under Section 17-53-223; and
        (ii) in an amount reasonably related to, but not exceeding, the actual cost of providing
 the service.
        (b) If the legislative body of a county does not under Subsection (1)(a) set a fee
 charged by the county sheriff, the sheriff shall charge a fee in accordance with Subsections (2)
 through (7).
        (2) Unless under Subsection (1) the legislative body of a county sets a fee amount for a
 fee described in this Subsection (2), the sheriff shall charge the following fees:
        (a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and
 complaint, or garnishee execution, or other process by which an action or proceeding is
 commenced, on each defendant, including copies when furnished by plaintiff, $20;
        (b) for taking or approving a bond or undertaking in any case in which he is authorized
 to take or approve a bond or undertaking, including justification, $5;
        (c) for a copy of any writ, process or other paper when demanded or required by law,
 for each folio, 50 cents;
        (d) for serving an attachment on property, or levying an execution, or executing an
 order of arrest or an order for the delivery of personal property, including copies when
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       Enrolled Copy                                                                              S.B. 135
 furnished by plaintiff, $50;
        (e) for taking and keeping possession of and preserving property under attachment or
 execution or other process, the amount the court orders to a maximum of $15 per day;
        (f) for advertising property for sale on execution, or any judgment, or order of sale,
 exclusive of the cost of publication, $15;
        (g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive
 of acknowledgment, $15, to be paid by the grantee;
        (h) for recording each deed, conveyance, or other instrument affecting real estate,
 exclusive of the cost of recording, $10, to be paid by the grantee;
        (i) for serving a writ of possession or restitution, and putting any person entitled to
 possession into possession of premises, and removing occupant, $50;
        (j) for holding each trial of right of property, to include all services in the matter,
 except mileage, $35;
        (k) for conducting, postponing, or canceling a sale of property, $15;
        (l) for transporting a prisoner to and from prison to attend court proceedings in a civil
 case, $2.50 for each mile necessarily traveled, up to a maximum of 100 miles;
        [(l) for taking a prisoner in civil cases from prison before a court or magistrate, for
 each mile necessarily traveled, in going only, to a maximum of 100 miles, $2.50;]
        [(m) for taking a prisoner from the place of arrest to prison, in civil cases, or before a
 court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100
 miles, $2.50;]
        [(n)] (m) for receiving and paying over money on execution or other process, as
 follows:
        (i) if the amount collected does not exceed $1,000, 2% of this amount, with a
 minimum of $1; and
        (ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the
 balance; and
        [(o)] (n) for executing in duplicate a certificate of sale, exclusive of filing it, $10.
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        S.B. 135                                                                          Enrolled Copy
           (3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertising
 shall be collected from the judgment debtor as part of the execution in the same manner as the
 sum directed to be made.
           (4) When serving an attachment on property, an order of arrest, or an order for the
 delivery of personal property, the sheriff may only collect traveling fees for the distance
 actually traveled beyond the distance required to serve the summons if the attachment or those
 orders:
           (a) accompany the summons in the action; and
           (b) may be executed at the time of the service of the summons.
           (5) (a) (i) When traveling generally to serve notices, orders, process, or other papers,
 the sheriff may receive, except as otherwise provided under Subsection (1)(a), $2.50 for each
 mile necessarily traveled, in going only, computed from the courthouse for each person served,
 to a maximum of 100 miles.
           (ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may
 receive, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarily
 traveled, in going only, computed from the post office where received for each person served,
 to a maximum of 100 miles.
           (b) The sheriff may only charge one mileage fee if any two or more papers are required
 to be served in the same action or proceeding at the same time and at the same address.
           (c) If it is necessary to make more than one trip to serve any notice, order, process, or
 other paper, the sheriff may not collect more than two additional mileage charges.
           (6) (a) For transporting a patient to the Utah State Hospital or to or from a hospital or a
 mental health facility, as defined in Section 62A-15-602, when the cost of transportation is
 payable by private individuals, the sheriff may collect, except as otherwise provided under
 Subsection (1)(a), $2.50 for each mile necessarily traveled, in going only, to a maximum of 100
 miles.
           (b) If the sheriff requires assistance to transport the person, the sheriff may also charge
 the actual and necessary cost of that assistance.
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        Enrolled Copy                                                                            S.B. 135
        (7) (a) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under
 Section 53-10-404, the sheriff shall collect the fee of $150 in accordance with Section
 53-10-404.
        (b) The fee amount described in Subsection (7)(a) may not be changed by a county
 legislative body under Subsection (1).
        Section 2. Section 17-50-319 is amended to read:
        17-50-319. County charges enumerated.
        (1) County charges are:
        (a) charges incurred against the county by any law;
        (b) the necessary expenses of the county attorney or district attorney incurred in
 criminal cases arising in the county, and all other expenses necessarily incurred by the county
 or district attorney in the prosecution of criminal cases, except jury and witness fees;
        (c) the expenses of medical care as described in Section 17-22-8, and other expenses
 necessarily incurred in the support of persons charged with or convicted of a criminal offense
 and committed to the county jail, except as provided in Subsection (2);
        (d) for a county not within the state district court administrative system, the sum
 required by law to be paid jurors in civil cases;
        (e) all charges and accounts for services rendered by any justice court judge for
 services in the trial and examination of persons charged with a criminal offense not otherwise
 provided for by law;
        (f) the contingent expenses necessarily incurred for the use and benefit of the county;
        (g) every other sum directed by law to be raised for any county purposes under the
 direction of the county legislative body or declared a county charge;
        (h) the fees of constables for services rendered in criminal cases;
        (i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
 cases arising in the county, and all other expenses necessarily incurred by the sheriff and
 deputies in performing the duties imposed upon them by law;
        (j) the sums required by law to be paid by the county to jurors and witnesses serving at
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        S.B. 135                                                                        Enrolled Copy
 inquests and in criminal cases in justice courts; and
        (k) subject to Subsection (2), expenses incurred by a health care facility or provider in
 providing medical services, treatment, hospitalization, or related transportation, at the request
 of a county sheriff for:
        (i) persons booked into a county jail on a charge of a criminal offense; or
        (ii) persons convicted of a criminal offense and committed to a county jail.
        (2) (a) Expenses described in Subsections (1)(c) and (1)(k) are a charge to the county
 only to the extent that they exceed any private insurance in effect that covers the expenses
 described in Subsections (1)(c) and (1)(k).
        (b) The county may collect costs of medical care, treatment, hospitalization, and related
 transportation provided to the person described in Subsection (1)(k) who has the resources or
 the ability to pay, subject to the following priorities for payment:
        (i) first priority shall be given to restitution; and
        (ii) second priority shall be given to family support obligations.
        (c) A county may seek reimbursement from a person described in Subsection (1)(k) for
 expenses incurred by the county in behalf of the inmate for medical care, treatment,
 hospitalization, or related transportation by:
        (i) deducting the cost from the inmate's cash account on deposit with the detention
 facility during the inmate's incarceration or during a subsequent incarceration if the subsequent
 incarceration occurs within the same county and the incarceration is within 10 years of the date
 of the expense in behalf of the inmate;
        (ii) placing a lien for the amount of the expense against the inmate's personal property
 held by the jail; and
        (iii) adding the amount of expenses incurred to any other amount owed by the inmate
 to the jail upon the inmate's release in accordance with Subsection [76-3-201(4)(d)]
 76-3-201(4)(c).
        (d) An inmate who receives medical care, treatment, hospitalization, or related
 transportation shall cooperate with the jail facility seeking payment or reimbursement under
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        Enrolled Copy                                                                             S.B. 135
 this section for the inmate's expenses.
        (e) If there is no contract between a county jail and a health care facility or provider
 that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k)
 shall be commensurate with:
        (i) for a health care facility, the current noncapitated state Medicaid rates; and
        (ii) for a health care provider, 65% of the amount that would be paid to the health care
 provider:
        (A) under the Public Employees' Benefit and Insurance Program, created in Section
 49-20-103; and
        (B) if the person receiving the medical service were a covered employee under the
 Public Employees' Benefit and Insurance Program.
        (f) Subsection (1)(k) does not apply to expenses of a person held at the jail at the
 request of an agency of the United States.
        (g) A county that receives information from the Public Employees' Benefit and
 Insurance Program to enable the county to calculate the amount to be paid to a health care
 provider under Subsection (2)(e)(ii) shall keep that information confidential.
        Section 3. Section 76-3-201 is amended to read:
        76-3-201. Sentences or combination of sentences allowed -- Restitution and other
 costs -- Civil penalties.
        (1) As used in this section:
        (a) (i) "Convicted" means:
        (A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a
 mental illness; or
        (B) having received a judgment of guilty or a judgment of guilty with a mental illness.
        (ii) "Convicted" does not include an adjudication of an offense under Section 80-6-701.
        (b) "Restitution" means the same as that term is defined in Section 77-38b-102.
        (2) Within the limits provided by this chapter, a court may sentence an individual
 convicted of an offense to any one of the following sentences, or combination of the following
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        S.B. 135                                                                      Enrolled Copy
 sentences:
         (a) to pay a fine;
         (b) to removal or disqualification from public or private office;
         (c) except as otherwise provided by law, to probation in accordance with Section
 77-18-105;
         (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:
         (i) to forfeit property;
         (ii) to dissolve a corporation;
         (iii) to suspend or cancel a license;
         (iv) to permit removal of an individual from office;
         (v) to cite for contempt; or
         (vi) to impose any other civil penalty.
         (b) A court may include a civil penalty in a sentence.
         (4) In addition to any other sentence that a sentencing court may impose, the court shall
 order an individual to:
         (a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution
 Act;
         [(b) subject to Subsection (5) and Section 77-32b-104, pay the cost of any government
 transportation if the individual was:]
         [(i) transported, in accordance with a court order, from one county to another county
 within the state;]
         [(ii) charged with a felony or a misdemeanor; and]
         [(iii) convicted of an offense;]
         [(c)] (b) subject to Section 77-32b-104, pay the cost expended by an appropriate
 governmental entity under Section 77-30-24 for the extradition of the individual if the
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        Enrolled Copy                                                                           S.B. 135
 individual:
        (i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve
 pending criminal charges; and
        (ii) is convicted of an offense in the county for which the individual is returned;
        [(d)] (c) subject to Subsection [(6)] (5) and Subsections 77-32b-104(2), (3), and (4),
 pay the cost of medical care, treatment, hospitalization, and related transportation, as described
 in Section 17-50-319, that is provided by a county to the individual while the individual is in a
 county correctional facility before and after sentencing if:
        (i) the individual is convicted of an offense that results in incarceration in the county
 correctional facility; and
        (ii) (A) the individual is not a state prisoner housed in the county correctional facility
 through a contract with the Department of