Utah Code 76-3-201. Sentences or combination of sentences allowed — Restitution and other costs — Civil penalties
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(1) As used in this section:
Terms Used In Utah Code 76-3-201
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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)
(1)(a)(i) “Convicted” means:
(1)(a)(i)(A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental condition; or
(1)(a)(i)(B) having received a judgment of guilty or a judgment of guilty with a mental condition.
(1)(a)(ii) “Convicted” does not include an adjudication of an offense under Section 80-6-701 .
(1)(b) “Restitution” means the same as that term is defined in Section 77-38b-102 .
(2) Within the limits provided by this chapter, a court may sentence an individual convicted of an offense to any one of the following sentences, or combination of the following sentences:
(2)(a) to pay a fine;
(2)(b) to removal or disqualification from public or private office;
(2)(c) except as otherwise provided by law, to probation in accordance with Section 77-18-105 ;
(2)(d) in accordance with Subsection 77-18-111 (4), to imprisonment;
(2)(e) on or after April 27, 1992, to life in prison without parole; or
(2)(f) to death.
(3)
(3)(a) This chapter does not deprive a court of authority conferred by law:
(3)(a)(i) to forfeit property;
(3)(a)(ii) to dissolve a corporation;
(3)(a)(iii) to suspend or cancel a license;
(3)(a)(iv) to permit removal of an individual from office;
(3)(a)(v) to cite for contempt; or
(3)(a)(vi) to impose any other civil penalty.
(3)(b) A court may include a civil penalty in a sentence.
(4) In addition to any other sentence that a sentencing court may impose, the court shall order an individual to:
(4)(a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act;
(4)(b) subject to Section 77-32b-104 , pay the cost expended by an appropriate governmental entity under Section 77-30-24 for the extradition of the individual if the individual:
(4)(b)(i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve pending criminal charges; and
(4)(b)(ii) is convicted of an offense in the county for which the individual is returned;
(4)(c) subject to Subsection (5) and Subsections 77-32b-104 (2), (3), and (4), pay the cost of medical care, treatment, hospitalization, and related transportation, as described in Section 17-50-319 , that is provided by a county to the individual while the individual is in a county correctional facility before and after sentencing if:
(4)(c)(i) the individual is convicted of an offense that results in incarceration in the county correctional facility; and
(4)(c)(ii)
(4)(c)(ii)(A) the individual is not a state prisoner housed in the county correctional facility through a contract with the Department of Corrections; or
(4)(c)(ii)(B) the reimbursement does not duplicate the reimbursement under Section 64-13e-104 if the individual is a state probationary inmate or a state parole inmate; and
(4)(d) pay any other cost that the court determines is appropriate under Section 77-32b-104 .
(5) The cost of medical care under Subsection (4)(c) does not include expenses incurred by the county correctional facility in providing reasonable accommodation for an inmate qualifying as an individual with a disability as defined and covered by the Americans with Disabilities Act, 42 U.S.C. § 12101 through 12213, including medical and mental health treatment for the inmate’s disability.