76-3-201. Sentences or combination of sentences allowed — Restitution and other costs — Civil penalties.
| (1) |
As used in this section:
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Terms Used In Utah Code 76-3-201- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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) |
| (i) |
“Convicted” means:
| (A) |
having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental condition; or |
| (B) |
having received a judgment of guilty or a judgment of guilty with a mental condition. |
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| (ii) |
“Convicted” does not include an adjudication of an offense under Section 80-6-701. |
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| (b) |
“Restitution” means the same as that term is defined in Section 77-38b-102. |
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| (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 sentences:
| (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; |
| (e) |
on or after April 27, 1992, to life in prison without parole; or |
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| (3) |
| (a) |
This chapter does not deprive a court of authority conferred by law:
| (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. |
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| (b) |
A court may include a civil penalty in a sentence. |
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| (4) |
In addition to any other sentence that a sentencing court may impose, the court shall order an individual to:
| (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 individual:
| (ii) |
is convicted of an offense in the county for which the individual is returned; |
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| (c) |
subject to Subsection (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 Corrections; or |
| (B) |
the reimbursement does not duplicate the reimbursement under Section 64-13e-104 if the individual is a state probationary inmate or a state parole inmate; and |
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| (d) |
pay any other cost that the court determines is appropriate under Section 77-32b-104. |
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| (5) |
The cost of medical care under Subsection (4)(c) does not include expenses incurred by the county correctional facility in providing reasonable accommodation for an inmate qualifying as an individual with a disability as defined and covered by the Americans with Disabilities Act, 42 U.S.C. § 12101 through 12213, including medical and mental health treatment for the inmate’s disability. |
Amended by Chapter 184, 2023 General Session
Amended by Chapter 497, 2023 General Session
