76-3-201 - Definitions -- Sentences or combination of sentences allowed -- Civil penalties.
76-3-201. Definitions -- Sentences or combination of sentences allowed -- Civilpenalties.
(1) As used in this section:
(a) "Conviction" includes a:
(i) judgment of guilt; and
(ii) plea of guilty.
(b) "Criminal activities" means any offense of which the defendant is convicted or anyother criminal conduct for which the defendant admits responsibility to the sentencing court withor without an admission of committing the criminal conduct.
(c) "Pecuniary damages" means all special damages, but not general damages, which aperson could recover against the defendant in a civil action arising out of the facts or eventsconstituting the defendant's criminal activities and includes the money equivalent of propertytaken, destroyed, broken, or otherwise harmed, and losses including earnings and medicalexpenses.
(d) "Restitution" means full, partial, or nominal payment for pecuniary damages to avictim, and payment for expenses to a governmental entity for extradition or transportation andas further defined in Title 77, Chapter 38a, Crime Victims Restitution Act.
(e) (i) "Victim" means any person who the court determines has suffered pecuniarydamages as a result of the defendant's criminal activities.
(ii) "Victim" does not include any coparticipant in the defendant's criminal activities.
(2) Within the limits prescribed by this chapter, a court may sentence a person convictedof an offense to any one of the following sentences or combination of them:
(a) to pay a fine;
(b) to removal or disqualification from public or private office;
(c) to probation unless otherwise specifically provided by law;
(d) 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 to:
(i) forfeit property;
(ii) dissolve a corporation;
(iii) suspend or cancel a license;
(iv) permit removal of a person from office;
(v) cite for contempt; or
(vi) impose any other civil penalty.
(b) A civil penalty may be included in a sentence.
(4) (a) When a person is convicted of criminal activity that has resulted in pecuniarydamages, in addition to any other sentence it may impose, the court shall order that the defendantmake restitution to the victims, or for conduct for which the defendant has agreed to makerestitution as part of a plea agreement.
(b) In determining whether restitution is appropriate, the court shall follow the criteriaand procedures as provided in Title 77, Chapter 38a, Crime Victims Restitution Act.
(5) (a) In addition to any other sentence the court may impose, and unless otherwiseordered by the court, the defendant shall pay restitution of governmental transportation expensesif the defendant was:
(i) transported pursuant to court order from one county to another within the state atgovernmental expense to resolve pending criminal charges;
(ii) charged with a felony or a class A, B, or C misdemeanor; and
(iii) convicted of a crime.
(b) The court may not order the defendant to pay restitution of governmentaltransportation expenses if any of the following apply:
(i) the defendant is charged with an infraction or on a subsequent failure to appear awarrant is issued for an infraction; or
(ii) the defendant was not transported pursuant to a court order.
(c) (i) Restitution of governmental transportation expenses under Subsection (5)(a)(i)shall be calculated according to the following schedule:
(A) $100 for up to 100 miles a defendant is transported;
(B) $200 for 100 up to 200 miles a defendant is transported; and
(C) $350 for 200 miles or more a defendant is transported.
(ii) The schedule of restitution under Subsection (5)(c)(i) applies to each defendanttransported regardless of the number of defendants actually transported in a single trip.
(d) If a defendant has been extradited to this state under Title 77, Chapter 30,Extradition, to resolve pending criminal charges and is convicted of criminal activity in thecounty to which he has been returned, the court may, in addition to any other sentence it mayimpose, order that the defendant make restitution for costs expended by any governmental entityfor the extradition.
(6) (a) In addition to any other sentence the court may impose, and unless otherwiseordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution to thecounty for the cost of incarceration in the county correctional facility before and after sentencingif:
(i) the defendant is convicted of criminal activity that results in incarceration in thecounty correctional facility; and
(ii) (A) the defendant is not a state prisoner housed in a county correctional facilitythrough a contract with the Department of Corrections; or
(B) the reimbursement does not duplicate the reimbursement provided under Section64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102, or astate parole inmate, as defined in Section 64-13e-102.
(b) (i) The costs of incarceration under Subsection (6)(a) are the amount determined bythe county correctional facility, but may not exceed the daily inmate incarceration costs andmedical and transportation costs for the county correctional facility.
(ii) The costs of incarceration under Subsection (6)(a) do not include expenses incurredby the county correctional facility in providing reasonable accommodation for an inmatequalifying as an individual with a disability as defined and covered by the federal Americanswith Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mentalhealth treatment for the inmate's disability.
(c) In determining whether to order that the restitution required under this Subsection (6)be reduced or that the defendant be exempted from the restitution, the court shall consider thecriteria under Subsections 77-38a-302(5)(c)(i) through (iv) and shall enter the reason for its orderon the record.
(d) If on appeal the defendant is found not guilty of the criminal activity under
Subsection (6)(a)(i) and that finding is final as defined in Section 76-1-304, the county shallreimburse the defendant for restitution the defendant paid for costs of incarceration underSubsection (6)(a).
Amended by Chapter 85, 2010 General Session