77-38a-404 - Priority.
77-38a-404. Priority.
(1) Restitution payments made pursuant to a court order shall be disbursed to victimswithin 60 days of receipt from the defendant by the court or department:
(a) provided the victim has complied with Subsection 77-38a-203(1)(b); and
(b) if the defendant has tendered a negotiable instrument, funds from the financialinstitution are actually received.
(2) If restitution to more than one person, agency, or entity is required at the same time,the department shall establish the following priorities of payment, except as provided inSubsection (4):
(a) the crime victim;
(b) the Office of Crime Victim Reparations;
(c) any other government agency which has provided reimbursement to the victim as aresult of the offender's criminal conduct;
(d) the person, entity, or governmental agency that has offered and paid a reward underSection 76-3-201.1 or 78A-6-117;
(e) any insurance company which has provided reimbursement to the victim as a result ofthe offender's criminal conduct; and
(f) any county correctional facility to which the defendant is required to pay restitutionunder Subsection 76-3-201(6).
(3) Restitution ordered under Subsection (2)(f) is paid after criminal fines and surchargesare paid.
(4) If the offender is required under Section 53-10-404 to reimburse the department forthe cost of obtaining the offender's DNA specimen, this reimbursement is the next priority afterrestitution to the crime victim under Subsection (2)(a).
(5) All money collected for court-ordered obligations from offenders by the departmentwill be applied:
(a) first, to victim restitution, except the current and past due amount of $30 per monthrequired to be collected by the department under Section 64-13-21, if applicable; and
(b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection (4).
(6) Restitution owed to more than one victim shall be disbursed to each victim accordingto the percentage of each victim's share of the total restitution order.
Amended by Chapter 3, 2008 General Session