Title 13, Criminal Code

A. The court shall direct the writ of criminal garnishment to the sheriff, the constable or any other officer who is authorized by law to serve process in the county in which the garnishee is alleged to be. The writ shall summon the garnishee to immediately appear to answer the w…

A. If the lawful owner of stolen property recovers the property from a pawnbroker or dealer and the person who sold or pledged the property to the pawnbroker or dealer is convicted of a violation of law that is related to the stolen or pledged property, the court shall order the …

A. If the writ of criminal garnishment is for earnings of the defendant, the writ is a lien on the earnings of the defendant from the date of service on the garnishee until any of the following occurs: 1. An order of continuing lien is entered. 2. If an order is not entered, with…

A. The garnishee shall answer the writ of criminal restitution in the court issuing the writ within ten days after being served. B. If the writ of criminal garnishment is for earnings of the defendant, the garnishee shall answer pursuant to section 12-1598.08. If the writ of crim…

A. A party who has an objection to the writ of garnishment or the answer may file a written objection and may request a hearing. The party shall state the grounds for objection in writing and shall deliver copies of the objection to all of the parties to the writ. B. The court sh…

A. If the garnishee's answer shows that the garnishee holds indebtedness or monies of the defendant, the court shall enter an order of criminal garnishment that requires the garnishee to immediately transfer the indebtedness or monies to the victim or to the court, the clerk of t…

A. The party who obtains the writ of garnishment for earnings shall deliver a copy of the order on the writ to the garnishee and the defendant. B. After service or delivery of the order is made, section 12-1598.10 applies, except that "judgment creditor" includes a victim or the …

If the garnishee fails to comply with the terms of the order of criminal garnishment within thirty days after receiving the order, the victim or the court, the clerk of the court or the prosecuting attorney may petition the court for an order to show cause why the garnishee shoul…

A. In addition to any other fine or restitution, if a person is convicted of or adjudicated delinquent for a violation of chapter 34 of this title, the court may order the person to pay a fine in one of the following amounts: 1. For a first offense, at least one thousand dollars.…

A. If based on any evidence or information introduced or submitted to the court before sentencing or on any evidence that was previously heard at trial the court finds by a preponderance of the evidence that an enterprise had an effective program to prevent and detect violations …

A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to section 13-822, the court may subject an enterprise to five times the maximum fine authorized by section 13-803 if based on any evidence that was introduced before s…

A. Notwithstanding any other law, if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, on the defendant's request the court may order the defendant to perform community restitut…

A. A judge may mitigate a fine if the defendant who is ordered to pay the fine demonstrates that the payment would work a hardship on the defendant or on the defendant's immediate family, except that a judge may not mitigate a fine imposed pursuant to section 28-1381, 28-1382 or …

A. If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and, if so, shall without delay place the person on intensive probation supervision pursuant to section 13-913 or supervised or unsupervise…

(Caution: 1998 Prop. 105 applies) A. Notwithstanding any law to the contrary, any person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation. The court shall suspend the imposition or execution of sentence a…

A. The drug treatment and education fund is established. The administrative office of the supreme court shall administer the fund. B. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed by the administrative office of the supreme c…

A. The allegation that the defendant committed a violent crime shall be charged in the indictment or information and admitted or found by the court. The court shall allow the allegation that the defendant committed a violent crime at any time before the date the case is actually …

A. Unless terminated sooner, probation may continue for the following periods: 1. For a class 2 felony, seven years. 2. For a class 3 felony, five years. 3. For a class 4 felony, four years. 4. For a class 5 or 6 felony, three years. 5. For a class 1 misdemeanor, three years. 6. …

A. A period of probation commences on the day it is imposed or as designated by the court, and an extended period of probation commences on the day the original period lapses. B. If a court determines that the defendant violated a condition of the defendant's probation but reinst…

A. A conviction for a felony suspends the following civil rights of the person sentenced: 1. The right to vote. 2. The right to hold public office of trust or profit. 3. The right to serve as a juror. 4. During any period of imprisonment any other civil rights the suspension of w…

A. Except as provided in subsection P of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person shall be…

A. At the time of sentencing, the court shall inform a person in writing and on the record of the person's right to the restoration of civil rights in the following manner: 1. If a person is eligible for automatic restoration of civil rights pursuant to section 13-907, the court …

A. On completion of probation for an offense committed in this state or absolute discharge from imprisonment, any person who has not previously been convicted of a felony offense shall automatically be restored any civil rights that were lost or suspended as a result of the convi…

A. On final discharge, a person who has previously been convicted of a felony or who has not paid all victim restitution that was imposed may apply to the superior court to have the person's civil rights restored. The restoration of civil rights is in the discretion of the judici…

A. A person who was convicted of a violation of section 13-3214 or a city or town ordinance that has the same or substantially similar elements as section 13-3214 may apply to the court that pronounced sentence to vacate the person's conviction. The court shall grant the applicat…

A. A person who is convicted of a dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state may not file for the restoration of the right to possess or ca…

A. A person may file a petition to seal all case records related to a criminal offense if the person was: 1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obli…

A probationer who is on standard probation and who is participating in a state or federally recognized apprenticeship program may do both of the following: 1. Work at any hours of the day as long as the probationer remains in good standing with the apprenticeship program. 2. Trav…

In this chapter, unless the context otherwise requires, "intensive probation": 1. Means a program established pursuant to this chapter of highly structured and closely supervised probation that emphasizes individualized intervention for a person who is deemed appropriate for the …

A. An adult probation officer shall prepare a presentence report for every offender who has either: 1. Been convicted of a felony and for whom the granting of probation is not prohibited by law. 2. Violated probation by commission of a technical violation that was not chargeable …

If the court finds that a defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court ma…

A. The chief adult probation officer in each county, with approval of the presiding judge of the superior court, shall appoint adult intensive probation teams consisting of one adult probation officer and one surveillance officer, two adult probation officers or one adult probati…

A. The adult probation officer shall periodically examine the risk and needs of each person granted intensive probation and the risks of modifying the level of supervision of the person. The court or the adult probation officer may at any time modify the level of intensive probat…

A. The intensive probation team shall assist each person under its supervision in obtaining employment. B. The person's wages shall be monitored by the person's probation officer to ensure the collection of restitution, probation fees, fines and other payments.

The requirements of section 13-916, subsection A, subsection B and subsection F, paragraph 2 may be waived for a county if the case load of adult probation officers supervising persons on intensive probation is not more than fifteen persons and the program requires visual contact…

The presiding judge of the superior court shall annually submit a proposed budget for the following fiscal year for the intensive probation program to the supreme court. The supreme court shall include the counties' requests in its annual budget request and shall distribute to th…

A. The court may enter a judgment of guilt and place the defendant on probation pursuant to this section if all of the following apply: 1. The defendant is under eighteen years of age at the time the offense is committed. 2. The defendant is convicted of a felony offense. 3. The …

A. If requested by the probationer, the court shall conduct a probation hearing at least once a year for a probationer who is under twenty-two years of age and who was convicted of an offense that occurred when the person was under eighteen years of age and that requires the prob…

A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit or work time credit. B. Earned time credit equals twenty days for every thirty days that a probationer does all of the following: …

A. A person may petition the court that entered an order, finding or adjudication that resulted in the person being a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code section 922(d)(4) or (g)(4) to …

A. A person commits attempt if, acting with the kind of culpability otherwise required for commission of an offense, such person: 1. Intentionally engages in conduct which would constitute an offense if the attendant circumstances were as such person believes them to be; or 2. In…

A. A person, other than a peace officer acting in his official capacity within the scope of his authority and in the line of duty, commits solicitation if, with the intent to promote or facilitate the commission of a felony or misdemeanor, such person commands, encourages, reques…

A. A person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one or more persons that at least one of them or another person will engage in conduct constituting the offense and one of the parties commits an overt act i…

A. A person commits facilitation if, acting with knowledge that another person is committing or intends to commit an offense, the person knowingly provides the other person with means or opportunity for the commission of the offense. B. This section does not apply to peace office…

A. In a prosecution for attempt, conspiracy or facilitation, it is a defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, gave timely warning to law enforcement authorities or otherwise made a reasonable effort …

A. It is not a defense to a prosecution for solicitation, conspiracy or facilitation that a person solicited, facilitated or with whom the defendant conspired could not be guilty of committing the offense because: 1. Such person is, by definition of the offense, legally incapable…