| (1) |
At any time before a defendant‘s sentence terminates, the defendant may petition the sentencing court to:
Terms Used In Utah Code 77-32b-105- Board: means the Board of Pardons and Parole. See Utah Code 77-32b-102
- Criminal accounts receivable: includes unpaid fees, forfeitures, surcharges, costs, interest, penalties, restitution, third party claims, claims, reimbursement of a reward, and damages. See Utah Code 77-32b-102
- Default: means a civil accounts receivable, a civil judgment of restitution, or a criminal accounts receivable that is overdue by at least 90 days. See Utah Code 77-32b-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delinquent: means a civil accounts receivable, a civil judgment of restitution, or a criminal account receivable that is overdue by more than 28 days but less than 90 days. See Utah Code 77-32b-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Payment schedule: means the amount that is be paid by a defendant in installments, or by a certain date, to satisfy a criminal accounts receivable for the defendant. See Utah Code 77-32b-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-32b-102
| (a) |
correct an error in a criminal accounts receivable; |
| (b) |
modify the payment schedule for the defendant’s criminal accounts receivable in accordance with this section if the defendant is not under the jurisdiction of the board; or |
| (c) |
remit, in whole or in part, an unpaid amount of the defendant’s criminal accounts receivable that is not the principal amount owed for restitution in accordance with this section. |
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| (2) |
If a defendant files a petition under Subsection (1), and it appears to the satisfaction of the sentencing court that payment of an unpaid amount of a criminal accounts receivable will impose manifest hardship on the defendant, or the defendant’s family, the court may:
| (a) |
if the criminal accounts receivable is not delinquent or in default, remit, in whole or in part, the unpaid amount of the criminal accounts receivable that is not the principal amount owed for restitution; or |
| (b) |
regardless of whether the criminal accounts receivable is delinquent or in default:
| (i) |
require the defendant to pay the criminal accounts receivable, or a specified amount of the criminal accounts receivable, by a certain date; |
| (ii) |
modify the payment schedule for the criminal accounts receivable in accordance with the factors described in Subsection 77-32b-103(3)(b) if the defendant has demonstrated that the criminal accounts receivable will impose a manifest hardship due to changed circumstances or new evidence that justifies modifying the payment schedule; or |
| (iii) |
allow the defendant to satisfy an unpaid amount of the criminal accounts receivable that is not the principal amount owed for restitution with proof of compensatory service completed by the defendant at a rate of credit not less than $10 for each hour of compensatory service. |
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| (3) |
| (a) |
If a defendant is under the jurisdiction of the board, the defendant may petition the board, at any time before the defendant’s sentence terminates, to modify the payment schedule for the defendant’s criminal accounts receivable. |
| (b) |
If a defendant files a petition under Subsection (3)(a), the board may modify the payment schedule for the criminal accounts receivable in accordance with the factors described in Subsection 77-32b-103(3)(b) if the defendant has demonstrated that the criminal accounts receivable will impose a manifest hardship to the defendant, or the defendant’s family, due to changed circumstances or new evidence that justifies modifying the payment schedule. |
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Enacted by Chapter 260, 2021 General Session
