77-27-6 - Payment of restitution.
77-27-6. Payment of restitution.
(1) When the Board of Pardons and Parole orders the release on parole of an inmate whohas been sentenced to make restitution pursuant to Title 77, Chapter 38a, Crime VictimsRestitution Act, or whom the board has ordered to make restitution, and all or a portion ofrestitution is still owing, the board may establish a schedule, including both complete andcourt-ordered restitution, by which payment of the restitution shall be made, or ordercompensatory or other service in lieu of or in combination with restitution. In fixing the scheduleand supervising the paroled offender's performance, the board may consider the factors specifiedin Section 77-38a-302.
(2) (a) The board may impose any court order for restitution.
(b) In accordance with Subsection 77-38a-302(5)(d)(ii), the board may order that adefendant make restitution for pecuniary damages that were not determined by the court, unlessthe board applying the criteria as set forth in Section 77-38a-302 determines that restitution isinappropriate.
(c) Except as provided in Subsection (2)(d), the board shall make all orders of restitutionwithin 60 days after the termination or expiration of the defendant's sentence.
(d) If, upon termination or expiration of a defendant's sentence, the board has continuingjurisdiction over the defendant for a separate criminal offense, the board may defer making anorder of restitution until termination or expiration of all sentences for that defendant.
(3) The board may also make orders of restitution for recovery of any or all costsincurred by the Department of Corrections or the state or any other agency arising out of thedefendant's needs or conduct.
(4) If the defendant, upon termination or expiration of the sentence owes outstandingfines, restitution, or other assessed costs, or if the board makes an order of restitution within 60days after the termination or expiration of the defendant's sentence, the matter shall be referred tothe district court for civil collection remedies. The Board of Pardons and Parole shall forward arestitution order to the sentencing court to be entered on the judgment docket. The entry shallconstitute a lien and is subject to the same rules as a judgment for money in a civil judgment.
Amended by Chapter 96, 2005 General Session