51-9-404 - Distribution of surcharge amounts.
51-9-404. Distribution of surcharge amounts.
(1) In this section:
(a) "Reparation fund" means the Crime Victim Reparations Fund.
(b) "Safety account" means the Public Safety Support Account.
(2) (a) There is created a restricted special revenue fund known as the "Crime VictimReparations Fund" to be administered and distributed as provided in this part by the Office ofCrime Victim Reparations under Title 63M, Chapter 7, Part 5, Crime Victim Reparations Act, incooperation with the Division of Finance.
(b) Monies deposited in this fund are for victim reparations, criminal justice andsubstance abuse, other victim services, and, as appropriated, for administrative costs of theCommission on Criminal and Juvenile Justice under Title 63M, Chapter 7.
(3) (a) There is created a restricted account in the General Fund known as the "PublicSafety Support Account" to be administered and distributed by the Department of Public Safetyin cooperation with the Division of Finance as provided in this part.
(b) Monies deposited in this account shall be appropriated to:
(i) the Division of Peace Officer Standards and Training (POST) as described in Title 53,Chapter 6, Peace Officer Standards and Training Act; and
(ii) the Office of the Attorney General for the support of the Utah Prosecution Councilestablished in Title 67, Chapter 5a, and the fulfillment of the council's duties.
(4) The Division of Finance shall allocate from the collected surcharge established inSection 51-9-401:
(a) 35% to the Crime Victim Reparations Fund;
(b) 18.5% to the safety account for POST, but not to exceed the amount appropriated bythe Legislature; and
(c) 3% to the safety account for support of the Utah Prosecution Council, but not toexceed the amount appropriated by the Legislature.
(5) (a) In addition to the funding provided by other sections of this part, a percentage ofthe income earned by inmates working for correctional industries in a federally certified privatesector/prison industries enhancement program shall be deposited in the Crime VictimReparations Fund.
(b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall bedetermined by the executive director of the Department of Corrections in accordance with therequirements of the private sector/prison industries enhancement program.
(6) (a) In addition to other monies collected from the surcharge, judges are encouragedto, and may in their discretion, impose additional reparations to be paid into the Crime VictimReparations Fund by convicted criminals.
(b) The additional discretionary reparations may not exceed the statutory maximum finepermitted by Title 76, Utah Criminal Code, for that offense.
Amended by Chapter 339, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session