76-3-301.5. Uniform fine schedule — Judicial Council.
| (1) |
The Judicial Council shall establish a uniform recommended fine schedule for each offense under Subsection 76-3-301(1).
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-3-301.5
| (a) |
The fine for each offense shall proportionally reflect the seriousness of the offense and other factors as determined in writing by the Judicial Council. |
| (b) |
The schedule shall be reviewed annually by the Judicial Council. |
| (c) |
The fines shall be collected as part of a criminal accounts receivable, as defined in Section 77-32b-102, that is established under Section 77-32b-103. |
|
| (2) |
The schedule shall incorporate:
| (a) |
criteria for determining aggravating and mitigating circumstances; and |
| (b) |
guidelines for enhancement or reduction of the fine, based on aggravating or mitigating circumstances. |
|
| (3) |
Presentence investigation reports shall include documentation of aggravating and mitigating circumstances as determined under the criteria, and a recommended fine under the schedule. |
| (4) |
The Judicial Council shall also establish a separate uniform recommended fine schedule for the juvenile court and by rule provide for its implementation. |
| (5) |
This section does not prohibit the court from in its discretion imposing no fine, or a fine in any amount up to and including the maximum fine, for the offense. |
Amended by Chapter 260, 2021 General Session
