(1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting attorney shall:

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Terms Used In Utah Code 77-38b-202

  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means :
              (3)(a)(i) a plea of:
                   (3)(a)(i)(A) guilty;
                   (3)(a)(i)(B) guilty with a mental condition; or
                   (3)(a)(i)(C) no contest; or
              (3)(a)(ii) a judgment of:
                   (3)(a)(ii)(A) guilty; or
                   (3)(a)(ii)(B) guilty with a mental condition. See Utah Code 77-38b-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means an individual who has been convicted of, or entered into a plea disposition for, criminal conduct. See Utah Code 77-38b-102
  • Diversion agreement: means an agreement entered into by the prosecuting attorney and the defendant that suspends criminal proceedings before conviction on the condition that a defendant agree to participate in a rehabilitation program, pay restitution to the victim, or fulfill some other condition. See Utah Code 77-38b-102
  • Office: means the Office of State Debt Collection created in Section 63A-3-502. See Utah Code 77-38b-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea disposition: means an agreement entered into between the prosecuting attorney and the defendant including a diversion agreement, a plea agreement, a plea in abeyance agreement, or any agreement by which the defendant may enter a plea in any other jurisdiction or where charges are dismissed without a plea. See Utah Code 77-38b-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restitution: means the payment of pecuniary damages to a victim. See Utah Code 77-38b-102
  • 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
  • Victim: includes :
              (26)(b)(i) the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes a payment to, or on behalf of, a victim under Section 63M-7-519;
              (26)(b)(ii) the estate of a deceased victim;
              (26)(b)(iii) a dependent; or
              (26)(b)(iv) a parent, spouse, intimate partner as defined in Utah Code 77-38b-102
     (1)(a) contact any known victim of the offense for which the criminal charge is filed, or person asserting a claim for restitution on behalf of the victim; and
     (1)(b) gather the following information from the victim or person:

          (1)(b)(i) the name of the victim or person; and
          (1)(b)(ii) the actual or estimated amount of restitution.
(2)

     (2)(a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the court, the prosecuting attorney shall provide the court with the information gathered by the prosecuting attorney under Subsection (1)(b).
     (2)(b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not have all the information under Subsection (1)(b), the prosecuting attorney shall provide the defendant with:

          (2)(b)(i) at the time of plea disposition or conviction, all information under Subsection (1)(b) that is reasonably available to the prosecuting attorney; and
          (2)(b)(ii) any information under Subsection (1)(b) as the information becomes available to the prosecuting attorney.
     (2)(c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim, or a person asserting a claim for restitution on behalf of a victim from:

          (2)(c)(i) submitting information on, or a request for, restitution to the court within the time periods described in Section 77-38b-205; or
          (2)(c)(ii) submitting information on, or a request for, restitution for additional or substituted victims within the time periods described in Section 77-38b-205.
(3)

     (3)(a) The prosecuting attorney may be authorized by the appropriate public treasurer to deposit restitution collected on behalf of a victim into an interest-bearing account in accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of the funds to the victim.
     (3)(b) If restitution is deposited into an interest-bearing account under Subsection (3)(a), the prosecuting attorney shall:

          (3)(b)(i) distribute any interest that accrues in the account to each victim on a pro rata basis; and
          (3)(b)(ii) if all victims have been made whole and funds remain in the account, distribute any remaining funds to the Division of Finance, created in Section 63A-3-101, to deposit to the Utah Office for Victims of Crime.
     (3)(c) Nothing in this section prevents an independent judicial authority from collecting, holding, and distributing restitution.
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