78A-6-210. Fines — Fees — Deposit with state treasurer — Restricted account.
| (1) |
There is created a restricted account in the General Fund known as the “Nonjudicial Adjustment Account.” |
Terms Used In Utah Code 78A-6-210
- 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.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Service of process: The service of writs or summonses to the appropriate party.
- 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
| (2) |
| (a) |
The account shall be funded from the financial penalty established under Section 80-6-304. |
| (b) |
The court shall deposit all money collected as a result of penalties assessed as part of the nonjudicial adjustment of a case into the account. |
| (c) |
The account shall be used to pay the expenses of juvenile compensatory service, victim restitution, and diversion programs. |
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| (3) |
| (a) |
Except under Subsection (3)(b) or (4) and as otherwise provided by law, the juvenile court shall pay all fines, fees, penalties, and forfeitures imposed and collected by the juvenile court to the state treasurer for deposit into the General Fund. |
| (b) |
No more than 50% of any fine or forfeiture collected may be paid to a state rehabilitative employment program for a minor adjudicated under Section 80-6-701 that provides for employment of the minor in the county of the minor’s residence if:
| (i) |
reimbursement for the minor’s labor is paid to the victim of the offense or wrongful act committed by the minor; |
| (ii) |
the amount earned and paid is set by court order; |
| (iii) |
the minor is not paid more than the hourly minimum wage; and |
| (iv) |
no payments to victims are made without the minor’s involvement in a rehabilitative work program. |
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| (c) |
Fines withheld under Subsection (3)(b) and any private contributions to the rehabilitative employment program are accounted for separately and are subject to audit at any time by the state auditor. |
| (d) |
| (i) |
Funds withheld under Subsection (3)(b) and private contributions are nonlapsing. |
| (ii) |
The board shall establish policies for the use of the funds described in this Subsection (3)(d). |
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| (4) |
For fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to the school district or private school that owns or contracts for the use of the bus, and the state treasurer shall allocate 80% to the General Fund. |
| (5) |
A state or local public officer may not charge a fee for the service of process in any proceedings initiated by a public agency. |
Amended by Chapter 161, 2023 General Session
