2023 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 5/3/2023
77-38b-205.
Order for restitution.
(1)
(a) 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:
(i) in accordance with the terms of any plea agreement in the case; or
(ii) for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.
(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 to all victims:
(i) in accordance with the terms of the plea in abeyance or the diversion agreement; or
(ii) if the terms of the plea in abeyance include an agreement between the parties that restitution will be determined by the court as described in Section 77-2a-3, for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.
(c) In determining the amount of pecuniary damages under Subsection (1)(a)(ii) or (b)(ii), 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.
(d) The court shall enter the determination of the amount of restitution under Subsection (1)(a)(ii) or (b)(ii) as a finding on the record.
(2) Upon an order for a defendant to pay restitution under Subsection (1), the court shall:
(a) enter an order to establish a criminal accounts receivable as described in Section 77-32b-103; and
(b) establish a payment schedule for the criminal accounts receivable as described in Section 77-32b-103.
(3) If the defendant objects to a request for restitution, 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) If a court does not enter an order for restitution at sentencing, the court shall schedule a hearing to enter an order for restitution, unless:
(a) the court finds as a matter of law that there is no victim in the case; or
(b) the prosecuting attorney certifies to the court, on the record, that:
(i) the prosecuting attorney has consulted with all victims, including the Utah Office for Victims of Crime; and
(ii) all victims, including the Utah Office for Victims of Crime, are not seeking restitution.
(5)
(a) A court shall enter an order for restitution in a defendant's case no later than the earlier of:
(i) the termination of the defendant's sentence, including early termination of the defendant's sentence; or
(ii)
(A) 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; or
(B) except as provided in Subsection (5)(a)(ii)(A), 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.
(b) A request for restitution that is made within the time period described in Subsection (5)(a) tolls the time for which the court must enter an order for restitution under Subsection (5)(a) but does not extend the term of the defendant's probation or period of incarceration.
(6)
(a) If a court does not order restitution at sentencing or at a hearing described in Subsection (4), the prosecuting attorney or the victim may file a motion for restitution within the time periods described in Subsection (5).
(b) If the defendant receives notice and does not object to a motion for restitution, the court may order restitution without a hearing.
(c) If the defendant receives notice and objects to a motion for restitution, the court may schedule a hearing to determine whether restitution should be ordered if the prosecuting attorney or victim shows good cause.
(7) Upon a motion from the prosecuting attorney or the victim within the time periods described in Subsection (5), 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.
Amended by Chapter 113, 2023 General Session