| (1) |
In preparing a presentence investigation report described in Section 77-18-103, the department shall obtain information on restitution from:
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Terms Used In Utah Code 77-38b-203- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: 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-102
- Department: means the Department of Corrections. See Utah Code 77-38b-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.
- Pecuniary damages: means all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred. See Utah Code 77-38b-102
- Person: means :Utah Code 68-3-12.5
- Restitution: means the payment of pecuniary damages to a victim. See Utah Code 77-38b-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
- Victim: 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- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
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| (a) |
the law enforcement agency and the prosecuting attorney; and |
| (b) |
any victim of the offense or person asserting a claim for restitution on behalf of the victim. |
| (2) |
A victim seeking restitution, a prosecuting attorney, or a person asserting a claim for restitution on behalf of a victim, shall provide the department with:
| (a) |
all invoices, bills, receipts, and any other evidence of pecuniary damages; |
| (b) |
all documentation of any compensation or reimbursement from an insurance company or a local, state, or federal agency that is related to the pecuniary damages for the offense; |
| (c) |
the victim’s proof of identification, including the victim’s date of birth, social security number, driver license number; and |
| (d) |
the victim’s or the person’s contact information, including next of kin if available, current home and work address, and telephone number. |
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| (3) |
In the presentence investigation report, the department shall make every effort to:
| (a) |
itemize any pecuniary damages suffered by the victim; |
| (b) |
include a specific statement on the amount of restitution that the department recommends for each victim; and |
| (c) |
include a victim impact statement that:
| (i) |
provides the name of each victim and any person asserting a claim on behalf of a victim; |
| (ii) |
describes the effect of the offense on the victim and the victim’s family; |
| (iii) |
describes any physical, mental, or emotional injury suffered by a victim as a result of the offense and the seriousness and permanence of the injury; |
| (iv) |
describes any change in a victim’s personal welfare or familial relationships as a result of the offense; |
| (v) |
provides any request for mental health services by a victim or a victim’s family member as a result of the offense; and |
| (vi) |
provides any other relevant information regarding the impact of the offense upon a victim or the victim’s family. |
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| (4) |
| (a) |
A prosecuting attorney and the department may take steps that are reasonably necessary to protect the identity of a victim and the victim’s family in information that is submitted to the court under this section. |
| (b) |
If a defendant seeks to view protected, safeguarded, or confidential information about a victim or a victim’s family, the court shall review the information in camera. |
| (c) |
The court may allow the defendant to view the information under Subsection (4)(b) if the court finds that:
| (i) |
the defendant’s interest in viewing the information outweighs the victim’s or the victim’s family safety and privacy interests; and |
| (ii) |
there are protections in place to safeguard the victim’s and the victim’s family safety and privacy interests. |
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Enacted by Chapter 260, 2021 General Session
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