| (1) |
When a defendant‘s sentence is terminated by law or by the decision of the court or the board:
Terms Used In Utah Code 77-18-114- Board: means the Board of Pardons and Parole. See Utah Code 77-18-102
- Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
- Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
- Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-18-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-18-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the board shall provide an accounting of the unpaid balance of the defendant’s criminal accounts receivable to the court if the defendant was on parole or incarcerated at the time of termination; and |
| (b) |
except as provided in Subsection 77-18-118(1)(g), within 90 days after the day on which a defendant’s sentence is terminated, the court shall:
| (i) |
enter an order for a civil accounts receivable and a civil judgment of restitution for a defendant on the civil judgment docket; |
| (ii) |
transfer the responsibility of collecting the civil accounts receivable and the civil judgment of restitution to the Office of State Debt Collection; and |
| (iii) |
identify in the order under this Subsection (1):
| (A) |
the Office of State Debt Collection as a judgment creditor for the civil accounts receivable and the civil judgment of restitution; and |
| (B) |
the victim as a judgment creditor for the civil judgment of restitution. |
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| (2) |
If a criminal accounts receivable for the defendant is more than 90 days past due and the court has ordered that a defendant does not owe restitution to any victim, or the time period in Subsection 77-38b-205(5) has passed and the court has not ordered restitution, the court may:
| (a) |
enter an order for a civil accounts receivable for the defendant on the civil judgment docket; |
| (b) |
identify, in the order under Subsection (2)(a), the Office of State Debt Collection as a judgment creditor for the civil accounts receivable; and |
| (c) |
transfer the responsibility of collecting the civil accounts receivable to the Office of State Debt Collection. |
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| (3) |
An order for a criminal accounts receivable is no longer in effect after the court enters an order for a civil accounts receivable or a civil judgment of restitution under Subsection (1) or (2). |
| (4) |
The court shall provide notice to the Office of State Debt Collection and the prosecuting attorney of any hearing that affects an order for the civil accounts receivable or the civil judgment of restitution. |
| (5) |
The Office of State Debt Collection shall notify the court when a civil judgment of restitution or a civil accounts receivable is satisfied. |
| (6) |
When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil accounts receivable on the civil judgment docket, or when restitution is recorded as an order for a civil judgment of restitution on the civil judgment docket, the order:
| (a) |
constitutes a lien on the defendant’s real property until the judgment is satisfied; and |
| (b) |
may be collected by any means authorized by law for the collection of a civil judgment. |
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| (7) |
A criminal accounts receivable, a civil accounts receivable, and a civil judgment of restitution are not subject to the civil statutes of limitation and expire only upon payment in full. |
| (8) |
| (a) |
If a defendant asserts that a payment was made to a victim or third party for a civil judgment of restitution, or enters into any other transaction that does not involve the Office of State Debt Collection, and the defendant asserts that the payment results in a credit towards the civil judgment of restitution for the defendant:
| (i) |
the defendant shall provide notice to the Office of State Debt Collection and the prosecuting attorney within 30 days after the day on which the payment or other transaction is made; and |
| (ii) |
the payment may only be credited towards the civil judgment of restitution and does not affect any other amount owed to the Office of State Debt Collection under Section 63A-3-502. |
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| (b) |
Nothing in this Subsection (8) shall be construed to prevent a victim or a third party from providing notice of a payment towards a civil judgment of restitution to the Office of State Debt Collection. |
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Amended by Chapter 113, 2023 General Session
