State Codes and Statutes
Statutes > Utah > Title-76 > Chapter-03 > 76-3-201-176-3-201.1. Collection of criminal judgment accounts receivable.
(1) As used in this section:
(a) "Criminal judgment accounts receivable" means any amount due the state arisingfrom a criminal judgment for which payment has not been received by the state agency that isservicing the debt.
(b) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,surcharges, costs, interest, penalties, restitution to victims, third party claims, claims,reimbursement of a reward, and damages.
(2) (a) A criminal judgment account receivable ordered by the court as a result ofprosecution for a criminal offense may be collected by any means authorized by law for thecollection of a civil judgment.
(b) (i) The court may permit a defendant to pay a criminal judgment account receivablein installments.
(ii) In the district court, if the criminal judgment account receivable is paid ininstallments, the total amount due shall include all fines, surcharges, postjudgment interest, andfees.
(c) Upon default in the payment of a criminal judgment account receivable or upondefault in the payment of any installment of that receivable, the criminal judgment accountreceivable may be collected as provided in this section or Subsection 77-18-1(9) or (10), and byany means authorized by law for the collection of a civil judgment.
(3) When a defendant defaults in the payment of a criminal judgment account receivableor any installment of that receivable, the court, on motion of the prosecution, victim, or upon itsown motion may:
(a) order the defendant to appear and show cause why the default should not be treated ascontempt of court; or
(b) issue a warrant of arrest.
(4) (a) Unless the defendant shows that the default was not attributable to an intentionalrefusal to obey the order of the court or to a failure to make a good faith effort to make thepayment, the court may find that the default constitutes contempt.
(b) Upon a finding of contempt, the court may order the defendant committed until thecriminal judgment account receivable, or a specified part of it, is paid.
(5) If it appears to the satisfaction of the court that the default is not contempt, the courtmay enter an order for any of the following or any combination of the following:
(a) require the defendant to pay the criminal judgment account receivable or a specifiedpart of it by a date certain;
(b) restructure the payment schedule;
(c) restructure the installment amount;
(d) except as provided in Section 77-18-8, execute the original sentence ofimprisonment;
(e) start the period of probation anew;
(f) except as limited by Subsection (6), convert the criminal judgment account receivableor any part of it to compensatory service;
(g) except as limited by Subsection (6), reduce or revoke the unpaid amount of thecriminal judgment account receivable; or
(h) in the district court, record the unpaid balance of the criminal judgment account
receivable as a civil judgment and transfer the responsibility for collecting the judgment to theOffice of State Debt Collection.
(6) In issuing an order under this section, the court may not modify the amount of thejudgment of complete restitution.
(7) Whether or not a default constitutes contempt, the court may add to the amount owedthe fees established under Subsection 63A-8-201(4)(g) and postjudgment interest.
(8) (a) (i) If a criminal judgment account receivable is past due in a case supervised bythe Department of Corrections, the judge shall determine whether or not to record the unpaidbalance of the account receivable as a civil judgment.
(ii) If the judge records the unpaid balance of the account receivable as a civil judgment,the judge shall transfer the responsibility for collecting the judgment to the Office of State DebtCollection.
(b) If a criminal judgment account receivable in a case not supervised by the Departmentof Corrections is past due, the district court may, without a motion or hearing, record the unpaidbalance of the criminal judgment account receivable as a civil judgment and transfer theresponsibility for collecting the account receivable to the Office of State Debt Collection.
(c) If a criminal judgment account receivable in a case not supervised by the Departmentof Corrections is more than 90 days past due, the district court shall, without a motion or hearing,record the unpaid balance of the criminal judgment account receivable as a civil judgment andtransfer the responsibility for collecting the criminal judgment account receivable to the Office ofState Debt Collection.
(9) (a) When a fine, forfeiture, surcharge, cost permitted by statute, fee, or an order ofrestitution is imposed on a corporation or unincorporated association, the person authorized tomake disbursement from the assets of the corporation or association shall pay the obligation fromthose assets.
(b) Failure to pay the obligation may be held to be contempt under Subsection (3).
(10) The prosecuting attorney may collect restitution in behalf of a victim.
Amended by Chapter 356, 2009 General Session
