76-3-201. Sentences or combination of sentences allowed -- Restitution and other costs -- Civil penalties.
(1) As used in this section: "Convicted" means: having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental condition; or having received a judgment of guilty or a judgment of guilty with a mental condition. "Convicted" does not include an adjudication of an offense under Section. 80-6-701 "Restitution" means the same as that term is defined in Section. 77-38b-102
(2) Within the limits provided by this chapter, a court may sentence an individual convicted of an offense to any one of the following sentences, or combination of the following sentences: to pay a fine; to removal or disqualification from public or private office; except as otherwise provided by law, to probation in accordance with Section; 77-18-105 in accordance with Subsection, to imprisonment; 77-18-111(4) on or after April 27, 1992, to life in prison without parole; or to death. In determining the appropriate sentence for an individual convicted of an offense, the court shall consider: the nature and circumstances of the offense, including the nature and gravity of the harm caused by the individual's criminal conduct; the history and characteristics of the individual, including the acceptance or lack of acceptance of accountability by the individual; whether the sentence to be imposed: reflects the seriousness of the offense, promotes respect for the law, and provides just punishment for the offense; affords adequate deterrence of criminal conduct; protects the public from future offenses by the individual; and provides for the rehabilitative needs of the individual; the adult sentencing and supervision length guidelines as defined in Section; 75E-4-101 the presentence investigation report described in Sectionif a presentence investigation report has been prepared for the individual; 77-18-103 any aggravating factor that the court may, or is required to, consider by law for the offense; any aggravating or mitigating circumstances; and the desires and interests of any victim of the offense. In determining the appropriate sentence for an individual convicted of a violent felony, as defined in Section, or a sexual offense, as defined in Section, the sentencing court shall prioritize the factors described in Subsections, (2)(b)(iii)(A), (2)(b)(iii)(B), and (2)(b)(iii)(C) over any interest of the defendant. 76-3-203.5 76-3-407 (2)(b)(i)
(3) This chapter does not deprive a court of authority conferred by law: to forfeit property; to dissolve a corporation; to suspend or cancel a license; to permit removal of an individual from office; to cite for contempt; or to impose any other civil penalty. A court may include a civil penalty in a sentence.
(4) In addition to any other sentence that a sentencing court may impose, the court shall order an individual to: pay restitution in accordance with Title, Crime Victims Restitution Act; 77, Chapter 38b subject to Section, pay the cost expended by an appropriate governmental entity under Sectionfor the extradition of the individual if the individual: 77-32b-104 77-30-24 was extradited to this state, under Title, Extradition, to resolve pending criminal charges; and 77, Chapter 30 is convicted of an offense in the county for which the individual is returned; subject to Subsectionand Subsections, (3), and (4), pay the cost of medical care, treatment, hospitalization, and related transportation, as described in Section, that is provided by a county to the individual while the individual is in a county correctional facility before and after sentencing if: (5) 77-32b-104(2) 17-63-706 the individual is convicted of an offense that results in incarceration in the county correctional facility; and the individual is not a state prisoner housed in the county correctional facility through a contract with the Department of Corrections; or the reimbursement does not duplicate the reimbursement under Sectionif the individual is a state probationary inmate or a state parole inmate; and 64-13e-104 pay any other cost that the court determines is appropriate under Section. 77-32b-104
(5) The cost of medical care under Subsectiondoes 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 Americans with Disabilities Act, 42 U.S.C. Secs. 12101 through 12213, including medical and mental health treatment for the inmate's disability. (4)(c)