Section 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: (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 ,§ 13, eff. 5/3/2023.Amended by Chapter 323, 2022 General Session ,§ 4, eff. 5/4/2022.Renumbered from § 77-38a-404 and amended by Chapter 260, 2021 General Session ,§ 100, eff. 7/1/2021.Amended by Chapter 214, 2020 General Session ,§ 36, eff. 5/12/2020.Amended by Chapter 304, 2017 General Session ,§ 19, eff. 5/9/2017.Amended by Chapter 131, 2011 General Session
Amended by Chapter 208, 2011 General Session.