Utah Code 77-38b-203. Department of Corrections responsibility for collecting restitution information — Presentence investigation report — In camera review of victim information
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(1) In preparing a presentence investigation report described in Section 77-18-103, the department shall obtain information on restitution from:
Terms Used In Utah Code 77-38b-203
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Department: means the Department of Corrections. See Utah Code 77-38b-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pecuniary damages: means all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred. 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
- 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 Section63M-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- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(1)(a) the law enforcement agency and the prosecuting attorney; and(1)(b) any victim of the offense or person asserting a claim for restitution on behalf of the victim.(2) A victim seeking restitution, a prosecuting attorney, or a person asserting a claim for restitution on behalf of a victim, shall provide the department with:(2)(a) all invoices, bills, receipts, and any other evidence of pecuniary damages;(2)(b) all documentation of any compensation or reimbursement from an insurance company or a local, state, or federal agency that is related to the pecuniary damages for the offense;(2)(c) the victim’s proof of identification, including the victim’s date of birth, social security number, driver license number; and(2)(d) the victim’s or the person’s contact information, including next of kin if available, current home and work address, and telephone number.(3) In the presentence investigation report, the department shall make every effort to:(3)(a) itemize any pecuniary damages suffered by the victim;(3)(b) include a specific statement on the amount of restitution that the department recommends for each victim; and(3)(c) include a victim impact statement that:(3)(c)(i) provides the name of each victim and any person asserting a claim on behalf of a victim;(3)(c)(ii) describes the effect of the offense on the victim and the victim’s family;(3)(c)(iii) describes any physical, mental, or emotional injury suffered by a victim as a result of the offense and the seriousness and permanence of the injury;(3)(c)(iv) describes any change in a victim’s personal welfare or familial relationships as a result of the offense;(3)(c)(v) provides any request for mental health services by a victim or a victim’s family member as a result of the offense; and(3)(c)(vi) provides any other relevant information regarding the impact of the offense upon a victim or the victim’s family.(4)(4)(a) A prosecuting attorney and the department may take steps that are reasonably necessary to protect the identity of a victim and the victim’s family in information that is submitted to the court under this section.(4)(b) If a defendant seeks to view protected, safeguarded, or confidential information about a victim or a victim’s family, the court shall review the information in camera.(4)(c) The court may allow the defendant to view the information under Subsection (4)(b) if the court finds that:(4)(c)(i) the defendant’s interest in viewing the information outweighs the victim’s or the victim’s family safety and privacy interests; and(4)(c)(ii) there are protections in place to safeguard the victim’s and the victim’s family safety and privacy interests.