Utah Code 77-38b-304. Priority of payment disbursement

77-38b-304. Priority of payment disbursement.

(1)

The court, or the office, shall disburse a payment for restitution within 60 days after the day on which the payment is received from the defendant if:

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Terms Used In Utah Code 77-38b-304

Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
Criminal conduct: means :

(a)	any misdemeanor or felony offense of which the defendant is convicted; or

(b)

any other criminal behavior for which the defendant admits responsibility to the court with or without an admission of committing the criminal behavior. See Utah Code 77-38b-102

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

Docket: A log containing brief entries of court proceedings.

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Office: means the Office of State Debt Collection created in Section 63A-3-502. 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.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

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
(a)	the victim has complied with Subsection 77-38b-203(2);

(b)	if the defendant has tendered a negotiable instrument, funds from the financial institution are actually received;

(c)	the payment to the victim is at least $25, unless the payment is the final payment; and

(d)	there is no pending legal issue that would affect an order for restitution or the distribution of restitution.

(2)

The court shall disburse money collected from a defendant for a criminal accounts receivable in the following order of priority:

(a)	first, and except as provided in Subsection (4)(b), to restitution owed by the defendant in accordance with Subsection (4);

(b)	second, to the cost of obtaining a DNA specimen from the defendant as described in Subsection (4)(b);

(c)	third, to any criminal fine or surcharge owed by the defendant;

(d)	fourth, to the cost owed by the defendant for a reward described in Section 77-32b-104;

(e)	fifth, to the cost owed by the defendant for medical care, treatment, hospitalization, and related transportation paid by a county correctional facility under Section 17-50-319; and

(f)	sixth, to any other amount owed by the defendant.

(3)

When the office collects money from a defendant for a criminal accounts receivable, a civil accounts receivable, or a civil judgment of restitution, the office shall disburse the money in the following order of priority:

(a)	first, to any past due amount owed to the department for the monthly supervision fee under Subsection 64-13-21(6)(a);

(b)	second, and except as provided in Subsection (4)(b), to restitution owed by the defendant in accordance with Subsection (4);

(c)	third, to the cost of obtaining a DNA specimen from the defendant in accordance with Subsection (4)(b);

(d)	fourth, to any criminal fine or surcharge owed by the defendant;

(e)	fifth, to the cost owed by the defendant for a reward described in Section 77-32b-104;

(f)	sixth, to the cost owed by the defendant for medical care, treatment, hospitalization and related transportation paid by a county correctional facility under Section 17-50-319; and

(g)	seventh, to any other amount owed by the defendant.

(4)

(a)

If a defendant owes restitution to more than one person or government agency at the same time, the court, or the office, shall disburse a payment for restitution in the following order of priority:

(i)	first, to the victim of the offense;

(ii)	second, to the Utah Office for Victims of Crime;

(iii)

third, any other government agency that has provided reimbursement to the victim as a result of the defendant’s criminal conduct; and

(iv)	fourth, any insurance company that has provided reimbursement to the victim as a result of the defendant’s criminal conduct.

(b)

If a defendant is required under Section 53-10-404 to reimburse the department for the cost of obtaining the defendant’s DNA specimen, the reimbursement for the cost of obtaining the defendant’s DNA specimen is the next priority after restitution to the victim of the offense under Subsection (4)(a)(i).

(c)	If a defendant is required to pay restitution to more than one victim, the court or the office shall disburse a payment for restitution proportionally to each victim.

(5)

Notwithstanding the requirements for the disbursement of a payment under Subsection (3) or (4), the office shall disburse money collected from a defendant to a debt that is a part of a civil accounts receivable or civil judgment of restitution if:

(a)	a defendant has provided a written request to the office to apply the payment to the debt; and

(b)

(i)	the payment will eliminate the entire balance of the debt, including any interest; or

(ii)	after reaching a settlement, the payment amount will eliminate the entire agreed upon balance of the debt, including any interest.

(6)	For a criminal accounts receivable, the department shall collect the current and past due amount owed by a defendant for the monthly supervision fee under Subsection 64-13-21(6)(a) until the court enters a civil accounts receivable on the civil judgment docket under Section 77-18-114.

(7)

Notwithstanding any other provision of this section:

(a)	the office may collect a fee, as described in Subsection 63A-3-502(4), from each payment for a criminal accounts receivable, a civil accounts receivable, or a civil judgment of restitution before disbursing the payment as described in this section; and

(b)	the office shall apply any payment collected through garnishment to the case for which the garnishment was issued.

Amended by Chapter 113, 2023 General Session

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