Determination of Restitution

Utah Code tit. 77, ch. 77-38b, pt. 77-38b-P2

in effect

Utah Code § 77-38b-201 Law enforcement responsibility for collecting restitution information.

77-38b-201. Law enforcement responsibility for collecting restitution information. (1) A law enforcement agency investigating criminal conduct that would constitute a felony or a misdemeanor shall include information about restitution for any potential victim in the investigative report or the citation, including information about whether a claim for restitution may exist. (2) A law enforcement agency shall also include in the investigative report: (a) the basis for the claim for restitution; and (b) the estimated or actual amount of the claim for restitution. Amended by Chapter 113, 2023 General Session

Utah Code § 77-38b-202 Prosecuting attorney responsibility for collecting restitution information -- Depositing restitution on behalf of victim.

77-38b-202. Prosecuting attorney responsibility for collecting restitution information -- Depositing restitution on behalf of victim. (1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting attorney shall: (a) contact any known victim of the offense for which the criminal charge is filed, or person asserting a claim for restitution on behalf of the victim; and (b) gather the following information from the victim or person: (i) the name of the victim or person; and (ii) the actual or estimated amount of restitution. (2) (a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the court, the prosecuting attorney shall provide the court with the information gathered by the prosecuting attorney under Subsection (1)(b). (b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not have all the information under Subsection (1)(b), the prosecuting attorney shall provide the defendant with: (i) at the time of plea disposition or conviction, all information under Subsection (1)(b) that is reasonably available to the prosecuting attorney; and (ii) any information under Subsection (1)(b) as the information becomes available to the prosecuting attorney. (c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim, or a person asserting a claim for restitution on behalf of a victim from: (i) submitting information on, or a request for, restitution to the court within the time periods described in Section 77-38b-205; or (ii) submitting information on, or a request for, restitution for additional or substituted victims within the time periods described in Section 77-38b-205. (3) (a) The prosecuting attorney may be authorized by the sentencing court or appropriate public treasurer to deposit restitution collected on behalf of a victim into an interest-bearing account in accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of the funds to the victim. (b) If restitution is deposited into an interest-bearing account under Subsection (3)(a), the prosecuting attorney shall: (i) distribute any interest that accrues in the account to each victim on a pro rata basis; and (ii) if all victims have been made whole and funds remain in the account, distribute any remaining funds to the Division of Finance, created in Section 63A-3-101, to deposit to the Office for Victims of Crime. (c) Nothing in this section prevents an independent judicial authority from collecting, holding, and distributing restitution. Amended by Chapter 291, 2026 General Session

Utah Code § 77-38b-203 Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information.

77-38b-203. Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information. (1) In preparing a presentence investigation report described in Section 77-18-103, the department shall obtain information on restitution from: (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. (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. (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. Enacted by Chapter 260, 2021 General Session

Utah Code § 77-38b-204 Financial declaration by defendant.

77-38b-204. Financial declaration by defendant. (1) (a) The Judicial Council shall design and publish a financial declaration form to be completed by a defendant before the sentencing court establishes a payment schedule under Section 77-38b-205. (b) The financial declaration form shall: (i) require a defendant to disclose all assets, income, and financial liabilities of the defendant, including: (A) real property; (B) vehicles; (C) precious metals or gems; (D) jewelry with a value of $1,000 or more; (E) other personal property with a value of $1,000 or more; (F) the balance of any bank account and the name of the financial institution for the bank account; (G) cash; (H) salary, wages, commission, tips, and business income, including the name of any employer or entity from which the defendant receives a salary, wage, commission, tip, or business income; (I) pensions and annuities; (J) intellectual property; (K) accounts receivable; (L) accounts payable; (M) mortgages, loans, and other debts; and (N) restitution that has been ordered, and not fully paid, in other cases; and (ii) state that a false statement made in the financial declaration form is punishable as a third degree felony under Section 76-8-504. (2) After a plea disposition or conviction has been entered but before sentencing, a defendant shall complete the financial declaration form described in Subsection (1). (3) When a civil judgment of restitution or a civil accounts receivable is entered for a defendant on the civil judgment docket under Section 77-18-114, the court shall provide the Office of State Debt Collection with the defendant's financial declaration form. Amended by Chapter 328, 2022 General Session

Utah Code § 77-38b-205 Order for restitution.

77-38b-205. Order for restitution. (1) (a) If a defendant is convicted, as defined in Section 76-3-201, the court shall order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to all victims: (i) in accordance with the terms of any plea agreement in the case; or (ii) for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant. (b) If a court enters a plea in abeyance or a diversion agreement for a defendant that includes an agreement to pay restitution, the court shall order the defendant to pay restitution to all victims: (i) in accordance with the terms of the plea in abeyance or the diversion agreement; or (ii) if the terms of the plea in abeyance include an agreement between the parties that restitution will be determined by the court as described in Section 77-2a-3, for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant. (2) (a) Except as provided in Subsection (2)(b), in determining the amount of pecuniary damages under Subsection (1)(a)(ii) or (b)(ii), the court shall consider all relevant facts to establish an amount that fully compensates a victim for all pecuniary damages proximately caused by the criminal conduct of the defendant. (b) If the court determines that the defendant owes pecuniary damages to a dependent for dependent support, the court shall establish the amount of dependent support owed to the dependent as described in Section 77-38b-206. (c) Subsection (2)(b) does not prohibit the court from also ordering restitution for a victim under Subsection (2)(a) that is not dependent support. (3) The court shall enter the determination of the amount of restitution under Subsection (1)(a)(ii) or (b)(ii) as a finding on the record. (4) Upon an order for a defendant to pay restitution under Subsection (1), the court shall: (a) enter an order to establish a criminal accounts receivable as described in Section 77-32b-103; and (b) establish a payment schedule for the criminal accounts receivable as described in Section 77-32b-103. (5) If the defendant objects to a request for restitution, the court shall allow the defendant to have a hearing on the issue, unless the issue is addressed at the sentencing hearing for the defendant. (6) If a court does not enter an order for restitution at sentencing, the court shall schedule a hearing to enter an order for restitution, unless: (a) the court finds as a matter of law that there is no victim in the case; or (b) the prosecuting attorney certifies to the court, on the record, that: (i) the prosecuting attorney has consulted with all victims, including the Office for Victims of Crime; and (ii) all victims, including the Office for Victims of Crime, are not seeking restitution. (7) (a) A court shall enter an order for restitution in a defendant's case no later than the earlier of: (i) the termination of the defendant's sentence, including early termination of the defendant's sentence; or (ii) (A) if the defendant is convicted and imprisoned for a first degree felony, within seven years after the day on which the court sentences the defendant for the first degree felony conviction; or (B) except as provided in Subsection (7)(a)(ii)(A), and if the defendant is convicted of a felony, within three years after the day on which the court sentences the defendant for the felony conviction. (b) A request for restitution that is made within the time period described in Subsection (7)(a) tolls the time for which the court shall enter an order for restitution under Subsection (7)(a) but does not extend the term of the defendant's probation or period of incarceration. (8) (a) If a court does not order restitution at sentencing or at a hearing described in Subsection (6), the prosecuting attorney or the victim may file a motion for restitution within the time periods described in Subsection (7). (b) If the defendant receives notice and does not object to a motion for restitution, the court may order restitution without a hearing. (c) If the defendant receives notice and objects to a motion for restitution, the court may schedule a hearing to determine whether restitution should be ordered if the prosecuting attorney or victim shows good cause. (9) Upon a motion from the prosecuting attorney or the victim within the time periods described in Subsection (7), the court may modify an existing order of restitution, including the amount of pecuniary damages owed by the defendant in the order for restitution, if the prosecuting attorney or the victim shows good cause for modifying the order. Amended by Chapter 291, 2026 General Session

Utah Code § 77-38b-206 Calculating the amount of restitution owed for dependent support.

77-38b-206. Calculating the amount of restitution owed for dependent support. (1) As used in this section: (a) "Base combined child support obligation table" means the child support table located in Section 78B-12-303. (b) "Gross income" means the amount of income that would be calculated for a parent for child support purposes as described in Section 78B-12-203. (c) "Monthly income" means the amount of monthly income established for a deceased victim, or a permanently impaired victim, under Subsection (3). (2) If a defendant owes pecuniary damages to a dependent under Section 77-38b-205, the court shall determine the entire amount of dependent support that the defendant owes a dependent in accordance with this section. (3) (a) For purposes of determining a defendant's monthly obligation under Subsection (4), the court shall establish the monthly income of the deceased victim, or the permanently impaired victim, by: (i) calculating the deceased or permanently impaired victim's monthly gross income before the victim's death or incapacitation; and (ii) dividing the deceased or permanently impaired victim's monthly gross income in half. (b) If the amount calculated under Subsection (3)(a)(ii) is $3,000 or less, the court shall impute a monthly income of $3,001 to the deceased or permanently impaired victim. (c) If the amount calculated under Subsection (3)(a)(ii) is greater than $3,000, the deceased or permanently impaired victim's monthly income is the amount calculated under Subsection (3)(a)(ii). (4) To calculate the amount of pecuniary damages that a defendant owes a dependent of a deceased victim for dependent support, the court shall: (a) locate the monthly dependent support obligation in the base income child support table using: (i) the deceased victim's monthly income established under Subsection (3)(b) or (c); and (ii) the total number of dependents for which the defendant owes dependent support; and (b) multiply the monthly amount established under Subsection (4)(a) for the dependent by: (i) the number of months until the dependent is 18 years old and is graduated from high school if the dependent is a child; or (ii) the life expectancy of the dependent if the dependent is an incapacitated individual who is 18 years old or older. (5) To calculate the amount of pecuniary damages that a defendant owes a dependent of a permanently impaired victim for dependent support, the court shall: (a) locate the monthly dependent support obligation in the base income child support table using: (i) the permanently impaired victim's monthly income established under Subsection (3)(b) or (c); and (ii) the total number of dependents for which the defendant owes dependent support; (b) multiply the monthly amount established under Subsection (5)(a) by the permanently impaired victim's whole person impairment rating as determined by the most recent edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment; and (c) multiply the amount established under Subsection (5)(b) for the dependent by: (i) the number of months until the dependent is 18 years old and is graduated from high school if the dependent is a child who is younger than 18 years old; or (ii) the life expectancy of the dependent if the dependent is an incapacitated individual who is 18 years old or older. (6) The deceased or permanently impaired victim's monthly income calculated under Subsection (3) is the only income that may be used when locating the monthly dependent support obligation in the base combined child support obligation table. Enacted by Chapter 330, 2024 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title77/Chapter38B/77-38b-P2.html?v=C77-38b-P2_2021050520210701Fetched: 10/26/2026