| (ii) | a judgment of:| (B) | guilty with a mental condition. See Utah Code 77-38b-102Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.Defendant: means an individual who has been convicted of, or entered into a plea disposition for, criminal conduct. See Utah Code 77-38b-102Diversion agreement: means an agreement entered into by the prosecuting attorney and the defendant that suspends criminal proceedings before conviction on the condition that a defendant agree to participate in a rehabilitation program, pay restitution to the victim, or fulfill some other condition. See Utah Code 77-38b-102Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 77-38b-102Person: means :Utah Code 68-3-12.5Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.Plea disposition: means an agreement entered into between the prosecuting attorney and the defendant including a diversion agreement, a plea agreement, a plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any other jurisdiction or where charges are dismissed without a plea. See Utah Code 77-38b-102Restitution: means the payment of pecuniary damages to a victim. See Utah Code 77-38b-102Restitution: 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 68-3-12.5Victim: includes :| (i) | the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes a payment to, or on behalf of, a victim under Section 63M-7-519; |
| (ii) | the estate of a deceased victim; and |
| (iii) | a parent, spouse, intimate partner as defined in 18 U. See Utah Code 77-38b-102 |
| (a) |
contact any known victim of the offense for which the criminal charge is filed, or person asserting a claim for restitution on behalf of the victim; and |
| (b) |
gather the following information from the victim or person:
| (i) |
the name of the victim or person; and |
| (ii) |
the actual or estimated amount of restitution. |
|
|
| (2) |
| (a) |
When a conviction, a diversion agreement, or a plea in abeyance is entered by the court, the prosecuting attorney shall provide the court with the information gathered by the prosecuting attorney under Subsection (1)(b). |
| (b) |
If, at the time of the plea disposition or conviction, the prosecuting attorney does not have all the information under Subsection (1)(b), the prosecuting attorney shall provide the defendant with:
| (i) |
at the time of plea disposition or conviction, all information under Subsection (1)(b) that is reasonably available to the prosecuting attorney; and |
| (ii) |
any information under Subsection (1)(b) as the information becomes available to the prosecuting attorney. |
|
| (c) |
Nothing in this section shall be construed to prevent a prosecuting attorney, a victim, or a person asserting a claim for restitution on behalf of a victim from:
| (i) |
submitting information on, or a request for, restitution to the court within the time periods described in Subsection 77-38b-205(5); or |
| (ii) |
submitting information on, or a request for, restitution for additional or substituted victims within the time periods described in Subsection 77-38b-205(5). |
|
|
| (3) |
| (a) |
The prosecuting attorney may be authorized by the appropriate public treasurer to deposit restitution collected on behalf of a victim into an interest-bearing account in accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of the funds to the victim. |
| (b) |
If restitution is deposited into an interest-bearing account under Subsection (3)(a), the prosecuting attorney shall:
| (i) |
distribute any interest that accrues in the account to each victim on a pro rata basis; and |
| (ii) |
if all victims have been made whole and funds remain in the account, distribute any remaining funds to the Division of Finance, created in Section 63A-3-101, to deposit to the Utah Office for Victims of Crime. |
|
| (c) |
Nothing in this section prevents an independent judicial authority from collecting, holding, and distributing restitution. |
|
Enacted by Chapter 260, 2021 General Session
|
