Utah Code § 76-3-201

Current through the 2024 Fourth Special Session
Section 76-3-201 - Sentences or combination of sentences allowed - Restitution and other costs - Civil penalties
(1) As used in this section:
(a)
(i) "Convicted" means:
(A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental condition; or
(B) having received a judgment of guilty or a judgment of guilty with a mental condition.
(ii) "Convicted" does not include an adjudication of an offense under Section 80-6-701.
(b) "Restitution" means the same as that term is defined in Section 77-38b-102.
(2) Within the limits provided by this chapter, a court may sentence an individual convicted of an offense to any one of the following sentences, or combination of the following sentences:
(a) to pay a fine;
(b) to removal or disqualification from public or private office;
(c) except as otherwise provided by law, to probation in accordance with Section 77-18-105;
(d) in accordance with Subsection 77-18-111(4), to imprisonment;
(e) on or after April 27, 1992, to life in prison without parole; or
(f) to death.
(3)
(a) This chapter does not deprive a court of authority conferred by law:
(i) to forfeit property;
(ii) to dissolve a corporation;
(iii) to suspend or cancel a license;
(iv) to permit removal of an individual from office;
(v) to cite for contempt; or
(vi) to impose any other civil penalty.
(b) A court may include a civil penalty in a sentence.
(4) In addition to any other sentence that a sentencing court may impose, the court shall order an individual to:
(a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act;
(b) subject to Section 77-32b-104, pay the cost expended by an appropriate governmental entity under Section 77-30-24 for the extradition of the individual if the individual:
(i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve pending criminal charges; and
(ii) is convicted of an offense in the county for which the individual is returned;
(c) subject to Subsection (5) and Subsections 77-32b-104(2), (3), and (4), pay the cost of medical care, treatment, hospitalization, and related transportation, as described in Section 17-50-319, that is provided by a county to the individual while the individual is in a county correctional facility before and after sentencing if:
(i) the individual is convicted of an offense that results in incarceration in the county correctional facility; and
(ii)
(A) the individual is not a state prisoner housed in the county correctional facility through a contract with the Department of Corrections; or
(B) the reimbursement does not duplicate the reimbursement under Section 64-13e-104 if the individual is a state probationary inmate or a state parole inmate; and
(d) pay any other cost that the court determines is appropriate under Section 77-32b-104.
(5) The cost of medical care under Subsection (4)(c) does not include expenses incurred by the county correctional facility in providing reasonable accommodation for an inmate qualifying as an individual with a disability as defined and covered by the Americans with Disabilities Act, 42 U.S.C. 12101 through 12213, including medical and mental health treatment for the inmate's disability.

Utah Code § 76-3-201

Amended by Chapter 145, 2024 General Session ,§ 1, eff. 5/1/2024.
Amended by Chapter 184, 2023 General Session ,§ 7, eff. 5/3/2023.
Amended by Chapter 497, 2023 General Session ,§ 3, eff. 5/3/2023.
Amended by Chapter 260, 2021 General Session ,§ 27, eff. 7/1/2021.
Amended by Chapter 304, 2017 General Session ,§ 2, eff. 5/9/2017.
Amended by Chapter 147, 2015 General Session ,§ 3, eff. 5/12/2015.
Amended by Chapter 74, 2013 General Session ,§ 5, eff. 5/14/2013.
Amended by Chapter 64, 2011 General Session
Amended by Chapter 131, 2011 General Session