UT Code § 77-38b-205 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 38b - Crime Victims Restitution Act|Part 2 - Determination of Restitution|Section 205 - Order for restitution.

 Effective 7/1/2021  77-38b-205. Order for restitution.    (1)   (a)   (i) If a defendant is convicted, as defined in Section 76-3-201, the court shall order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to all victims:   (A) in accordance with the terms of any plea agreement in the case; or     (B) for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.       (ii) In determining the amount of pecuniary damages under Subsection (1)(a)(i)(B), the court shall consider all relevant facts to establish an amount that fully compensates a victim for all pecuniary damages proximately caused by the criminal conduct of the defendant.     (iii) The court shall enter the determination of the amount of restitution under Subsection (1)(a)(ii) as a finding on the record.       (b) If a court enters a plea in abeyance or a diversion agreement for a defendant that includes an agreement to pay restitution, the court shall order the defendant to pay restitution in accordance with the terms of the plea in abeyance or the diversion agreement.       (2)   (a) Upon an order for a defendant to pay restitution under Subsection (1), the court shall:   (i) enter an order to establish a criminal accounts receivable as described in Section 77-32b-103; and     (ii) establish a payment schedule for the criminal accounts receivable as described in Section 77-32b-103.         (3) If the defendant objects to the order for restitution or the payment schedule, the court shall allow the defendant to have a hearing on the issue, unless the issue is addressed at the sentencing hearing for the defendant.     (4)   (a) For a defendant who is sentenced after July 1, 2021, if no restitution is ordered at sentencing, the court shall schedule a hearing to determine restitution, unless the parties waive the hearing in accordance with Subsection (4)(b).     (b) The parties may only waive a hearing under Subsection (4)(a) if:   (i) the parties have stipulated to the amount of restitution owed; or     (ii) the prosecuting attorney certifies that the prosecuting attorney has consulted with the victim, including the Utah Office for Victims of Crime, and the defendant owes no restitution.       (c) The court may not enter an order for restitution without a statement from the prosecuting attorney that the prosecuting attorney has consulted with the victim, including the Utah Office for Victims of Crime.     (d) If the court does not enter an order for restitution in a hearing under Subsection (4)(a), the court shall:   (i) state, on the record, why the court did not enter an order for restitution; and     (ii) order a continuance of the hearing.         (5) A court shall enter an order for restitution in a defendant's case no later than the earlier of:   (a) the termination of the defendant's sentence; or     (b)   (i) if the defendant is convicted and imprisoned for a first degree felony, within seven years after the day on which the court sentences the defendant for the first degree felony conviction;     (ii) except as provided in Subsection (5)(b)(i), and if the defendant is convicted of a felony, within three years after the day on which the court sentences the defendant for the felony conviction; and     (iii) if the defendant is convicted of a misdemeanor, within one year after the day on which the court sentences the defendant for the misdemeanor conviction.         (6)   (a) Upon a motion from the prosecuting attorney or the victim, the court may modify an existing order of restitution, including the amount of pecuniary damages owed by the defendant in the order for restitution, if the prosecuting attorney or the victim shows good cause for modifying the order.     (b) A motion under Subsection (6)(a) shall be brought within the time periods described in Subsection (5).      Enacted by Chapter 260, 2021 General Session