77-32b-104. Costs -- What constitute costs -- Ability to pay.
(1) Except for a cost described in Subsection, a court may order a defendant under Sectionto pay costs for expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including: 76-3-201(4) 76-3-201 attorney fees of counsel assigned to represent the defendant; investigators' fees; or except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is: offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and paid to a person who provided information that led to the apprehension and conviction of the defendant.
(2) A cost under Subsectionmay not include: (1) expenses inherent in providing a constitutionally guaranteed trial; expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law; attorney fees for prosecuting attorneys; or expenses for government transportation to and from court proceedings related to the prosecution of the offense for which the defendant is convicted.
(3) The court may not order a defendant to pay a cost, unless there is evidence that the defendant is, or will be, able to pay the cost.
(4) In determining the amount of a cost that a defendant is ordered to pay, the court shall take into account: the financial resources of the defendant; the nature of the burden that payment of the cost will impose; and that restitution is prioritized over any cost.