Utah Code 76-3-301.7. Compensatory service
Current as of: 2024 | Check for updates
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(1) As used in this section, “compensatory service” means service or unpaid work performed by a person, in lieu of the payment of a criminal fine, for:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-3-301.7
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) a state or local government agency;
(1)(b) an entity that is approved as a nonprofit organization under Section 501(c) of the Internal Revenue Code; or
(1)(c) any other entity or organization if prior approval is obtained from the court.
(2) When a defendant is sentenced to pay a fine for an infraction, class C or class B misdemeanor, the court shall consider allowing the defendant to complete compensatory service in lieu of the payment of the fine or account receivable, exclusive of any victim restitution imposed.
(3) A defendant who intends to forfeit bail or who is ordered to pay a fine by the court for an infraction, class C or class B misdemeanor, shall be informed by the court of the opportunity to perform compensatory service in lieu of the fine or bail amount.
(4) The court shall credit timely completed compensatory service reported in accordance with Subsection (5) against the fine or bail amount at the rate of $10 per hour and shall allow the defendant a reasonable amount of time to complete the service.
(5)
(5)(a) The court shall provide the defendant with instructions that inform the organization:
(5)(a)(i) about the requirements in Subsection (5)(b); and
(5)(a)(ii) that making a written false statement to the court about the defendant’s compensatory service is punishable as a class B misdemeanor pursuant to Section 76-8-504.
(5)(b) The defendant shall report compensatory service hours to the court in a letter that:
(5)(b)(i) is on the organization’s official letterhead and includes contact information for the organization’s representative;
(5)(b)(ii) specifies the number of hours for which the defendant provided service;
(5)(b)(iii) contains a brief description of what the service involved; and
(5)(b)(iv) is signed by an authorized representative of the organization; or
(5)(b)(v) is in a form otherwise acceptable to the court.
(6) The court may refuse to accept compensatory service:
(6)(a) completed prior to the date of sentencing;
(6)(b) that has been submitted to another court for credit; or
(6)(c) completed at an agency or organization or is a type of service that is specifically prohibited by the court.