State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-38a > 77-38a-203

77-38a-203. Restitution determination -- Department of Corrections -- Presentenceinvestigation.
(1) (a) The department shall prepare a presentence investigation report in accordancewith Subsection 77-18-1(5). The prosecutor and law enforcement agency involved shall provideall available victim information to the department upon request. The victim impact statementshall:
(i) identify all victims of the offense;
(ii) itemize any economic loss suffered by the victim as a result of the offense;
(iii) include for each identifiable victim a specific statement of the recommended amountof complete restitution as defined in Section 77-38a-302, accompanied by a recommendationfrom the department regarding the payment by the defendant of court-ordered restitution withinterest as defined in Section 77-38a-302;
(iv) identify any physical, mental, or emotional injuries suffered by the victim as a resultof the offense, and the seriousness and permanence;
(v) describe any change in the victim's personal welfare or familial relationships as aresult of the offense;
(vi) identify any request for mental health services initiated by the victim or the victim'sfamily as a result of the offense; and
(vii) contain any other information related to the impact of the offense upon the victim orthe victim's family that the court requires.
(b) The crime victim shall be responsible to provide to the department upon request allinvoices, bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss. The crime victim shall also provide upon request:
(i) all documentation and evidence of compensation or reimbursement from insurancecompanies or agencies of the state of Utah, any other state, or federal government received as adirect result of the crime for injury, loss, earnings, or out-of-pocket loss; and
(ii) proof of identification, including date of birth, Social Security number, driverslicense number, next of kin, and home and work address and telephone numbers.
(c) The inability, failure, or refusal of the crime victim to provide all or part of therequested information shall result in the court determining restitution based on the bestinformation available.
(2) (a) The court shall order the defendant as part of the presentence investigation tosubmit to the department any information determined necessary to be disclosed for the purpose ofascertaining the restitution.
(b) The willful failure or refusal of the defendant to provide all or part of the requisiteinformation shall constitute a waiver of any grounds to appeal or seek future amendment oralteration of the restitution order predicated on the undisclosed information.
(c) If the defendant objects to the imposition, amount, or distribution of the restitutionrecommended in the presentence investigation, the court shall set a hearing date to resolve thematter.
(d) If any party fails to challenge the accuracy of the presentence investigation report atthe time of sentencing, that matter shall be considered to be waived.

Amended by Chapter 96, 2005 General Session