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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Utah Utah R. Crim. P. 15 Expert Witnesses and Interpreters
The parties may call expert witnesses of their own at their own expense. Upon showing that a defendant is financially unable to pay the fees of an expert whose services
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are necessary for adequate defense, the witness fee shall be paid as if he were called on behalf of the prosecution.
Cost of expert witnesses
All No Court no
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Utah Utah Code Ann. § 76-3-201 Restitution
When a person is convicted of criminal activity that has resulted in pecuniary damages, in addition to any other sentence it may impose, the court shall order that the defendant
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make restitution to the victims, or for conduct for which the defendant has agreed to make restitution as part of a plea agreement
Cost of restitution
All Yes Court no
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Utah Utah Code Ann. § 76-3-201 Transportation costs
In addition to any other sentence the court may impose, and unless otherwise ordered by the court, the defendant shall pay restitution of governmental transportation expenses if the defendant was:
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(i) transported pursuant to court order from one county to another within the state at governmental expense to resolve pending criminal charges; (ii) charged with a felony or a class A, B, or C misdemeanor; and (iii) convicted of a crime... Restitution of governmental transportation expenses under Subsection (5)(a)(i) shall be calculated according to the following schedule: (A) $100 for up to 100 miles a defendant is transported; (B) $200 for 100 up to 200 miles a defendant is transported; and (C) $350 for 200 miles or more a defendant is transported.
$100 - $350

Cost of transportation
All Yes Court no
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Utah Utah Code Ann. § 76-3-201 Extradition costs
If a defendant has been extradited to this state under Title 77, Chapter 30, Extradition, to resolve pending criminal charges and is convicted of criminal activity in the county to
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which he has been returned, the court may, in addition to any other sentence it may impose, order that the defendant make restitution for costs expended by any governmental entity for the extradition.
Cost of extradition
All No Court no
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Utah Utah Code Ann. § 76-3-201 Incarceration costs
In addition to any other sentence the court may impose, and unless otherwise ordered by the court pursuant to Subsection (6)(c), the defendant shall pay restitution to the county for
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the cost of incarceration and costs of medical care provided to the defendant while in the county correctional facility before and after sentencing if: (i) the defendant is convicted of criminal activity that results in incarceration in the county correctional facility; and (ii)(A) the defendant is not a state prisoner housed in a county correctional facility through a contract with the Department of Corrections; or (B) the reimbursement does not duplicate the reimbursement provided under Section 64-13e-104 if the defendant is a state probationary inmate, as defined in Section 64-13e-102, or a state parole inmate, as defined in Section 64-13e-102...The costs of incarceration under Subsection (6)(a) do 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 federal Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213, including medical and mental health treatment for the inmate's disability.
Cost of incarceration and medical care
All Yes Court no
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Utah Utah Code Ann. § 76-3-301 1st and 2nd degree felony fine A person convicted of an offense may be sentenced to pay a fine, not exceeding: (a) $10,000 for a felony conviction of the first degree or second degree $0 - $10000 Felony No Court no
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Utah Utah Code Ann. § 76-3-301 3rd degree felony fine A person convicted of an offense may be sentenced to pay a fine, not exceeding:... $5,000 for a felony conviction of the third degree $0 - $5000 Felony No Court no
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Utah Utah Code Ann. § 76-3-301 Class A misdemeanor fine A person convicted of an offense may be sentenced to pay a fine, not exceeding:... $2,500 for a class A misdemeanor conviction $0 - $2500 Misdemeanor No Court no
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Utah Utah Code Ann. § 76-3-301 Class B misdemeanor fine A person convicted of an offense may be sentenced to pay a fine, not exceeding:... $1,000 for a class B misdemeanor conviction $0 - $1000 Misdemeanor No Court no
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Utah Utah Code Ann. § 76-3-301 Class C misdemeanor fine A person convicted of an offense may be sentenced to pay a fine, not exceeding:... $750 for a class C misdemeanor conviction or infraction conviction $0 - $750 Misdemeanor No Court no
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Utah Utah Code Ann. § 77-38a-401 Entry of judgment--Interest--Civil actions--Lien
(1) Upon the court determining that a defendant owes restitution, the clerk of the court shall enter an order of complete restitution as defined in Section 77-38a-302 on the civil
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judgment docket and provide notice of the order to the parties. (2) The order shall be considered a legal judgment, enforceable under the Utah Rules of Civil Procedure. In addition, the department may, on behalf of the person in whose favor the restitution order is entered, enforce the restitution order as judgment creditor under the Utah Rules of Civil Procedure. (3) If the defendant fails to obey a court order for payment of restitution and the victim or department elects to pursue collection of the order by civil process, the victim shall be entitled to recover collection and reasonable attorney fees.
Property liens All Yes
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Utah Utah Code Ann. § 77-18-6.5(2) Liability of rescued person for costs of emergency response
The judgment shall constitute a lien when recorded in the judgment docket and shall have the same effect and is subject to the same rules as a judgment for money
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in a civil action.
Property liens All Yes
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Utah Utah Code Ann. § 77-27-6 Payment of restitution
When the Board of Pardons and Parole orders the release on parole of an inmate who has been sentenced to make restitution pursuant to Title 77, Chapter 38a, Crime Victims
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Restitution Act, or whom the board has ordered to make restitution, and all or a portion of restitution is still owing, the board may establish a schedule, including both complete and court-ordered restitution, by which payment of the restitution shall be made
Payment plan/installment plan All No
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Utah Utah Code Ann. § 76-3-201.1(b) Collection of criminal judgments--installment plan
Criminal judgment accounts receivable means any amount due the state arising from a criminal judgment for which payment has not been received by the state agency that is servicing the
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debt... The court may permit a defendant to pay a criminal judgment account receivable in installments.
Payment plan/installment plan All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--warrants
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...(4)(a) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to make the payment, the court may find that the default constitutes contempt. (b) Upon a finding of contempt, the court may order the defendant committed until the criminal judgment account receivable, or a specified part of it, is paid...(5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(d) except as provided in Section 77-18-8[fines issued in addition to imprisonment or in lieu of imprisonment], execute the original sentence of imprisonment
Incarceration All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--collection of civil judgment
Upon default in the payment of a criminal judgment account receivable or upon default in the payment of any installment of that receivable, the criminal judgment account receivable may be
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collected as provided in this section or Subsection 77-18-1(9) or (10), and by any means authorized by law for the collection of a civil judgment.
Property liens All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--compulsory service
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution], convert the criminal judgment account receivable or any part of it to compensatory service
Community service All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--reduce fines
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest...
Incarceration All No
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--extend probation
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...start the period of probation anew
Condition or extension of supervision All No
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Utah Utah Code Ann. § 53-3-221(3)(a) Offenses that may result in denial, suspension, disqualification, or revocation of license--Additional grounds for suspension The division may suspend the license of a person under Subsection (1) when the division has been notified by a court that the person has an outstanding unpaid fine Driver's license suspension/impoundment All No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Utah Utah R. Crim. P. 15 Expert Witnesses
Upon showing that a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if
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he were called on behalf of the prosecution.
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unable to pay fees

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

costs covered by state

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Utah Utah Code Ann. § 76-5-502  Request for testing--Mandatory testing--Liability for costs the alleged offender who is tested is responsible upon conviction for the costs of testing, unless the alleged offender is indigent.  All

indigent

Not provided for Not provided for Not provided for Yes

costs covered by state

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Utah Utah Code Ann. § 77-32a-3 Ability to pay
The court shall not include in the judgment a sentence that a defendant pay costs unless the defendant is or will be able to pay them. In determining the amount
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and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose and that restitution be the first priority
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--reduce fines
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution] ... reduce or revoke the unpaid amount of the criminal judgment account receivable
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

reduction or revocation of fine

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Utah Utah Code Ann. § 77-32-202(2)(a) Procedure for determination of indigence--Standards
Any defendant claiming indigence who is charged with a crime the penalty of which is a class A misdemeanor or serious offense shall file with the court a fully complete
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affidavit verified by a notary or other person authorized by law to administer an oath and file a copy of that affidavit with the prosecuting entity. The affidavit shall contain the factual information required in this section and by the court. . . “Indigence” means that a person: (i) does not have sufficient income, assets, credit, or other means to provide for the payment of legal counsel and all other necessary expenses of representation without depriving that person or the family of that person of food, shelter, clothing, and other necessities; or (ii) has an income level at or below 150% of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services; and (iii) has not transferred or otherwise disposed of any assets since the commission of the offense with the intent of establishing eligibility for the appointment of counsel under this chapter.
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does not have sufficient income, assets, credit or other means to provide for payment of legal counsel and all other necessary expenses without depriving that person or the family of

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that person of basic necessities OR has income level at or below 150 percent of US poverty level and has not transferred or disposed of property since the commission of the offense

Not provided for Not provided for Not provided for No

cost of attorneys fees covered

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Utah Utah Code Ann. § 41-3-704 Penalty waiver
Upon making a record of its actions, and upon reasonable cause shown, the commission may waive, reduce, or compromise any of the civil penalties imposed by the division under this
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chapter.
Obligation to collect or record Traffic court
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Utah Utah Code Ann. § 24-2-103 Property seized by a peace officer
When property is seized by a peace officer, the peace officer or the officer's employing agency shall provide a receipt to the person from whom the property was seized. .
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. (2) The agency responsible for maintaining the property shall: . . (b) maintain a record of the property.
Obligation to collect or record Law enforcement
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Utah Utah Code Ann. § 77-18-6(1)(a)  Judgment to pay fine or restitution constitutes a lien
(1)(a) In cases not supervised by the Department of Corrections, the clerk of the district court shall: (ii) before transferring the responsibility to collect the past due account receivable to
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the Office of State Debt Collection, record each judgment of conviction of a crime that orders the payment of a fine, forfeiture, surcharge, cost permitted by statute, or fee in the registry of civil judgments, listing the Office of State Debt Collection as the judgment creditor; and (iii) receive notification from the Office of State Debt Collection when a civil judgment ordered for payment of accounts receivable, as defined in Section 76-3-201.1, has been satisfied.
Obligation to collect or record State courts
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Utah Utah Code Ann. § 77-18-6(1)(b)  Judgment to pay fine or restitution constitutes a lien
The clerk of court shall record each judgment of conviction that orders the payment of restitution to a victim in the registry of civil judgments, listing the victim, or the
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estate of the victim, as the judgment creditor.
Obligation to collect or record State courts
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Utah Utah Code Ann. § 77-7-19 Appearance required by citation
The accounting and remitting of sums due shall be at the close of the fiscal year of the municipality or county which has received fines, fees, costs, or forfeitures as
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a result of any improperly filed citations.
Obligation to collect or record County
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Utah Utah R. J. Admin. 4-202.03 Records Access (1) Any person may access a public court record. Obligation to respond to public records requests All courts
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Utah Utah Code Ann. § 77-18-6(1)(a) Judgment to pay fine or restitution constitutes a lien
(1)(a) In cases not supervised by the Department of Corrections, the clerk of the district court shall: (i) transfer the responsibility to collect past due accounts receivable to the Office
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of State Debt Collection when the accounts receivable are 90 days or more past due;
State/statewide agency
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Utah Utah Code Ann. § 77-18-6(1)(b)(ii) Judgment to pay fine or restitution constitutes a lien The Department of Corrections shall collect the judgment on behalf of the victim as provided in Subsection 77-18-1(9). Law enforcement
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Utah Utah Code Ann. § 77-18-6(1)(b)(iii) Judgment to pay fine or restitution constitutes a lien The court shall collect the judgment on behalf of the victim as provided in Subsection 78A-2-214(2). State courts
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Utah Utah Code Ann. § 77-18-6(1)(b)(iv) Judgment to pay fine or restitution constitutes a lien (iv)The victim may collect the judgment. Private actors
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Utah Utah Code Ann. § 77-18-7 Costs imposed on defendant--Restrictions
Unless specifically authorized by statute, a defendant shall not be required to pay court costs in a criminal case either as a part of a sentence or as a condition
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of probation or dismissal.
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Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Utah Utah Code Ann. § 78A-5-110 Transportation fund
Fines and forfeitures collected by the court for a second or subsequent violation under Section 41-6a-1713 or Subsection 72-7-409(8)(b) shall be remitted: (i) 60% to the state treasurer to be deposited in
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the Transportation Fund; and (ii) 40% in accordance with Subsection (2). Fines and forfeitures collected by the court for a second or subsequent violation under Subsection 72-7-409(8)(c) shall be remitted: (i) 50% to the state treasurer to be deposited in the Transportation Fund; and (ii) 50% in accordance with Subsection (2).
State/statewide agency County treasury Misdemeanor
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Utah Utah Code Ann. § 77-41-111 Sex and kidnap offender registry
The department shall deposit fees collected in accordance with this chapter in the General Fund as a dedicated credit, to be used by the department for maintaining the offender registry
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under this chapter and monitoring offender registration compliance, including the costs of: (a) data entry; (b) processing registration packets; (c) updating registry information; (d) ensuring offender compliance with registration requirements under this chapter; and (e) apprehending offenders who are in violation of the offender registration requirements under this chapter.
Supervision agency N/A All
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Utah Utah Code Ann. § 76-5-502 Request for testing--Mandatory testing--Liability for costs The costs will then be paid by the Department of Health from the General Fund. State/statewide agency Department of Health All
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Utah Utah Code Ann. § 76-7-202(4) Orders for support in criminal nonsupport proceedings
The sum recovered may, in the discretion of the court, be paid in whole or in part to the Office of Recovery Services, or otherwise as the court may direct,
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to be used for the support of the dependents involved.
State/statewide agency Dependents of offender All
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Utah Utah Code Ann. § 78A-5-110 Allocation of district court fees and forfeitures For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer shall allocate 85% to the Division of Wildlife Resources and 15% to the General Fund. Other General fund All
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Utah Utah Code Ann. § 78A-5-110 Allocation of district court fees and forfeitures
For violations of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State Boating Act, the state treasurer shall allocate 85% to the Division of Parks and Recreation
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and 15% to the General Fund.
Municipality/municipal agency General fund All
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Utah Utah Code Ann. § 78A-5-110 Allocation of district court fees and forfeitures
Fines and forfeitures collected for violation of Section 72-7-404 or 72-7-406, less fees established by the Judicial Council, shall be paid to the state treasurer for deposit in the B
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and C road account. Fees established by the Judicial Council shall be deposited in the state General Fund. Money deposited in the class B and C road account is supplemental to the money appropriated under Section 72-2-107 but shall be expended in the same manner as other class B and C road funds.
Other N/A All
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Utah Utah Code Ann. § 76-9-105 Making a false alarm - penalties
In addition to any other penalty authorized by law, a court shall order any person convicted of a felony violation of this section to reimburse any federal, state, or local
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unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
State/statewide agency local agency or private business All
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Utah Utah Code Ann. § 76-9-202 Emergency reporting--Interference--False Report
In addition to any other penalty authorized by law, a court shall order any person convicted of a violation of this section to reimburse any federal, state, or local unit
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of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
State/statewide agency local agency or private business All
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Utah Utah Code Ann. § 76-9-306 Police service animals--causing injury or interfering with handler--Penalties
In addition to any other penalty, a person convicted of a violation of this section is liable for restitution to the owning or employing law enforcement agency or individual owner
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of the police service animal for the replacement, training, and veterinary costs incurred as a result of the violation of this section.
Other N/A All
Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
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Utah Utah R. Crim. P. 15 Expert Witnesses and Interpreters
The court shall determine the reasonable compensation of the expert and direct payment thereof. The parties may call expert witnesses of their own at their own expense. Upon showing that
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a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if he were called on behalf of the prosecution.
Ability to pay
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Utah Utah R. Crim. P. 27A Stays Pending Appeal from a Court not of Record --Appeals for a Trial De Novo Upon the timely filing of a notice of appeal for a trial de novo, the court shall: (b)(1) order stayed any fine or fee payments until the appeal is resolved Fines and fees
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Utah Utah R. Crim. P. 27B Stays Pending Appeal from a Court not of Record--Hearings De Novo, DUI, and Reckless Driving Cases (d) Fine and Fee payments. Fine and fee payments shall be stayed pending resolution of the appeal. Fines and fees
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Utah Utah R. Juv. P. 26 Rights of Minors in Delinquency Proceedings
If the parent, guardian or custodian of a minor is found not to be indigent, but does not or will not retain counsel for the minor and the minor has
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no means to retain counsel, the court may appoint counsel at public expense. However, the court may order, after giving the parent, guardian or custodian reasonable opportunity to be heard, that the parent, guardian or custodian reimburse the county for the cost of appointed counsel, in whole or in part, depending on ability to pay.
Ability to pay
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Utah Utah R. J. Admin. 6-303 Collection of Fines and Restitution
Upon order of the court, the Department of Corrections shall be responsible for the collection and distribution of fines and restitution during the probation period in cases where the court
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orders supervised probation by the Department.
Enforcement
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Utah Utah R. J. Admin. 6-303 Collection of Fines and Restitution
If a defendant fails to pay the amount of fines and restitution ordered by the court pursuant to the payment schedule established by the Department, the Department shall file a
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progress/violation report with the court. The report shall contain any explanation concerning the defendant's failure to pay and a recommendation as to whether the defendant's probation should be modified, continued, terminated or revoked or whether the defendant should be placed on bench probation for the limited purpose of enforcing the payment of fines or restitution.
Enforcement
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Utah Utah Code Ann. § 78A-3-102 Supreme Court jurisdiction
(1) The Supreme Court has original jurisdiction to answer questions of state law certified by a court of the United States. (2) The Supreme Court has original jurisdiction to issue
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all extraordinary writs and authority to issue all writs and process necessary to carry into effect its orders, judgments, and decrees or in aid of its jurisdiction. (3) The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutory appeals, over: (a) a judgment of the Court of Appeals; (b) cases certified to the Supreme Court by the Court of Appeals prior to final judgment by the Court of Appeals; (c) discipline of lawyers; (d) final orders of the Judicial Conduct Commission; (e) final orders and decrees in formal adjudicative proceedings originating with: (i) the Public Service Commission; (ii) the State Tax Commission; (iii) the School and Institutional Trust Lands Board of Trustees; (iv) the Board of Oil, Gas, and Mining; (v) the state engineer; or (vi) the executive director of the Department of Natural Resources reviewing actions of the Division of Forestry, Fire, and State Lands; (f) final orders and decrees of the district court review of informal adjudicative proceedings of agencies under Subsection (3)(e); (g) a final judgment or decree of any court of record holding a statute of the United States or this state unconstitutional on its face under the Constitution of the United States or the Utah Constitution; (h) interlocutory appeals from any court of record involving a charge of a first degree or capital felony; (i) appeals from the district court involving a conviction or charge of a first degree felony or capital felony; (j) orders, judgments, and decrees of any court of record over which the Court of Appeals does not have original appellate jurisdiction; and (k) appeals from the district court of orders, judgments, or decrees ruling on legislative subpoenas.
Jurisdiction of the courts
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Utah Utah Const. art. VIII, § 1 Judicial Power
The judicial power of the state shall be vested in a Supreme Court, in a trial court of general jurisdiction known as the district court, and in such other courts
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as the Legislature by statute may establish. The Supreme Court, the district court, and such other courts designated by statute shall be courts of record...The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States.
Jurisdiction of the courts
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Utah Utah Const. art. VIII, § 3 Jurisdiction of the Supreme Court
The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States. The Supreme Court
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shall have appellate jurisdiction over all other matters to be exercised as provided by statute, and power to issue all writs and orders necessary for the exercise of the Supreme Court's jurisdiction or the complete determination of any cause.
Jurisdiction of the courts
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Utah Utah Const. art. VIII, §§ 1,5 Jurisdiction of District Court
The district court shall have original jurisdiction in all matters except as limited by this constitution or by statute, and power to issue all extraordinary writs. The district court shall
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have appellate jurisdiction as provided by statute. The jurisdiction of all other courts, both original and appellate, shall be provided by statute.
Jurisdiction of the courts
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Utah Utah Const. art. VIII, § 1 Judicial Power
Courts not of record shall also be established by statute...Municipalities or counties of the first or second class may create a justice court by filing a written declaration with the
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Judicial Council on or before July 1 at least two years prior to the effective date of the election. Upon demonstration of compliance with operating standards as established by statute and the Judicial Council, the Judicial Council shall certify the creation of the court...(1) Justice courts have jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions committed within their territorial jurisdiction by a person 18 years of age or older.
Creation of the courts
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Utah Utah Code Ann. § 78-5-104 Jurisdiction
(2) Except those offenses over which the juvenile court has exclusive jurisdiction, justice courts have jurisdiction over the following offenses committed within their territorial jurisdiction by a person who is
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16 or 17 years of age: (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver Licensing Act; and (b) class B and C misdemeanor and infraction violations of: (i) Title 23, Wildlife Resources Code of Utah; (ii) Title 41, Chapter 1a, Motor Vehicle Act; (iii) Title 41, Chapter 6a, Traffic Code; (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act; (v) Title 41, Chapter 22, Off-Highway Vehicles; (vi) Title 73, Chapter 18, State Boating Act; (vii) Title 73, Chapter 18a, Boating--Litter and Pollution Control; (viii) Title 73, Chapter 18b, Water Safety; and (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators Act.
Jurisdiction of the courts
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Utah Utah Code Ann. § 78A-5-102 Jurisdiction--Appeals
The district court has original jurisdiction in all matters civil and criminal, not excepted in the Utah Constitution and not prohibited by law. . . the district court has jurisdiction
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over matters of lawyer discipline consistent with the rules of the Supreme Court. The district court has jurisdiction over all matters properly filed in the circuit court prior to July 1, 1996. The district court has appellate jurisdiction over judgments and orders of the justice court as outlined in Section 78A-7-118 and small claims appeals filed pursuant to Section 78A-8-106. . . . Notwithstanding Subsection (1), the district court has subject matter jurisdiction in class B misdemeanors, class C misdemeanors, infractions, and violations of ordinances only if: (a) there is no justice court with territorial jurisdiction; (b) the offense occurred within the boundaries of the municipality in which the district courthouse is located and that municipality has not formed, or has not formed and then dissolved, a justice court; or (c) they are included in an indictment or information covering a single criminal episode alleging the commission of a felony or a class A misdemeanor.
Jurisdiction of the courts
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Utah Utah Code Ann. § 78A-5-201  Creation and expansion of existing drug court programs
(1) There may be created a drug court program in any judicial district that demonstrates: (a) the need for a drug court program; and (b) the existence of a collaborative
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strategy between the court, prosecutors, defense counsel, corrections, and substance abuse treatment services to reduce substance abuse by offenders.
Creation of the courts
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Utah Utah Code Ann. § 78A-5-301 Creation of a veterans court program
(1) The Judicial Council may create a veterans court program in any judicial district or geographic region that demonstrates: (a) the need for a veterans court program; and (b) the
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existence of a collaborative strategy between the court, prosecutors, defense counsel, corrections, substance abuse treatment services, and the United States Department of Veterans Affairs Veterans Justice Outreach Program to divert veteran offenders.
Creation of the courts
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Utah Utah Code Ann. § 78A-6-103 Jurisdiction of juvenile court
(1) Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings concerning: (a) a child who has violated any federal, state, or local law or
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municipal ordinance or a person younger than 21 years of age who has violated any law or ordinance before becoming 18 years of age, regardless of where the violation occurred, excluding offenses in Subsection 78A-7-106(2); (b) a person 21 years of age or older who has failed or refused to comply with an order of the juvenile court to pay a fine or restitution, if the order was imposed before the person's 21st birthday; however, the continuing jurisdiction is limited to causing compliance with existing orders; (c) a child who is an abused child, neglected child, or dependent child, as those terms are defined in Section 78A-6-105; (d) a protective order for a child pursuant to the provisions of Title 78B, Chapter 7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district court if the juvenile court has entered an ex parte protective order and finds that: (i) the petitioner and the respondent are the natural parent, adoptive parent, or step parent of the child who is the object of the petition; (ii) the district court has a petition pending or an order related to custody or parent-time entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the respondent are parties; and (iii) the best interests of the child will be better served in the district court; (e) appointment of a guardian of the person or other guardian of a minor who comes within the court's jurisdiction under other provisions of this section; (f) the emancipation of a minor in accordance with Part 8, Emancipation; (g) the termination of the legal parent-child relationship in accordance with Part 5, Termination of Parental Rights Act, including termination of residual parental rights and duties; (h) the treatment or commitment of a minor who has an intellectual disability; (i) a minor who is a habitual truant from school.
Jurisdiction of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Utah Neilson v. Dennett, 450 P.2d 93, 95 (Utah 1969)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
ability to pay should be determined at the time order is imposed to pay money.
However, in this case it was incumbent upon the trial court to find that the appellant at the time the order was made had the ability to pay over the
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money and thereafter refused to do so before the judge could hold the appellant in contempt for failure to pay
Ability to pay
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Utah State v. Vincent, 883 P.2d 278, 283 (Utah 1994) Other applicable case law
A defendant has the initial burden of establishing indigence. The defendant must establish that payment would place an undue hardship on the defendant's ability to provide for the basic necessities
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of life
[T]he defendants bear the initial burden of establishing their indigence. Generally speaking, a person is indigent for purposes of sections 77–32–1 and –2 if payments for counsel or transcripts would
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place an undue hardship on the defendant's ability to provide the basic necessities of life for the defendant and the defendant's family.
Ability to pay
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Utah State v. Haston, 811 P.2d 929, 936 (Utah Ct. App. 1991), rev'd, 846 P.2d 1276 (Utah 1993) Other applicable case law
Imposition of fine and the amount of the fine is left to the discretion of the court. A judge need not give an explanation for the fine he or she
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imposes.
Imposition of a fine, and the accompanying mandatory surcharge, is a matter left to the discretion of the trial court. Utah Code Ann. §§ 63–63a–1 (1989), 76–3–301.5(5) (1990). No particular
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explanation needs to be made by the trial court.
Fines and fees
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Utah Normal G. Angus, Informal Opinion No. 87-06, 1987 WL 272559, at *2-3 (July 15, 1987) Informal Opinion No. 87-06
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if
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the proceedings may only result in additional fines or non-incarceration penalties?
Unclear. Bail forfeiture proceedings do not provide the same safeguards. I am unsure if this can be extrapolated to collection proceedings.
Bail forfeiture actions are civil in nature; criminal procedure safeguards are not implicated….In comparing the two approaches to nonappearance—bail forfeiture versus contempt—it becomes readily apparent that the contempt process presents
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fewer obstacles of statutory construction and would be procedurally easier to effectuate.
Enforcement
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Utah Ms. Faye Price, Informal Opinion No. 79-51, 1979 WL 32606, at *1 (Feb. 15, 1979) Informal Opinion No. 79-51, Does allowing different municipalities to set their own indigence standards or fines/fees violate the equal protection afforded by the state’s constitution?
Possibly. Ability to pay should be consistently applied in reference to statute that requires parents and guardians to pay for the cost and maintenance of State Training School residents. Therefore,
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it is possible that determining ability to pay when assessing criminal justice debt presents same constitutional issues.
there could be constitutional difficulties arise from the manner in which it is applied if great care is not taken to insure that the determination of financial responsibility is made
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on a strictly consistent and rational basis.
Ability to pay
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Utah Ronald W. Thompson, Informal Opinion No. 77-150, 1978 WL 25972, at *1 (Feb. 7, 1978) Informal Opinion No. 77-150 see above see above
There is no requirement in the statute that there be a judicial determination of indigence, and it does not appear that a county could properly limit its payments to persons
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who have been judicially determined indigent.
Ability to pay