Title 77, Title 77: Criminal Procedure

77-38b-203. Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information. (1) In preparing a presentence investigation report described in Section, the department shall obtain informa…

77-38b-204. Financial declaration by defendant. (1) The Judicial Council shall design and publish a financial declaration form to be completed by a defendant before the sentencing court establishes a payment schedule under Section. 77-38b-205 The financial declaration form shall:…

77-38b-205. Order for restitution. (1) If a defendant is convicted, as defined in Section, the court shall order a defendant, as part of the sentence imposed under Section, to pay restitution to all victims: 76-3-201 76-3-201 in accordance with the terms of any plea agreement in …

77-38b-206. Calculating the amount of restitution owed for dependent support. (1) As used in this section: "Base combined child support obligation table" means the child support table located in Section. 78B-12-303 "Gross income" means the amount of income that would be calculate…

77-38b-301. Entry of a civil judgment of restitution and civil accounts receivable -- Continuation of the criminal action -- Interest -- Delinquency. (1) As used in this section, "civil judgment" means an order for: a civil judgment of restitution; or a civil accounts receivable.…

77-38b-302. Nondischargability in bankruptcy. A civil judgment of restitution and a civil accounts receivable are considered a debt from a criminal case that may not be discharged in bankruptcy.

77-38b-303. Effect of civil action or settlement for criminal conduct -- Issue preclusion -- Crediting payments. (1) As used in this section: "Civil settlement" or "settlement" means an agreement entered into between a victim and a defendant that settles all the claims that a vic…

77-38b-304. Priority of payment disbursement. (1) The court, or the office, shall disburse a payment for restitution within 60 days after the day on which the payment is received from the defendant if: the victim has complied with Subsection; 77-38b-203(2) if the defendant has te…

77-38b-401. Collection from inmate offenders. Upon written request of the prosecuting attorney, the victim, or a division agent supervising the defendant, the department shall collect restitution from offender funds held by the department under Section.

77-38b-402. Preservation of assets. (1) Before, or at the time, a criminal information, indictment charging a violation, or a petition alleging delinquency is filed, or at any time during the prosecution of the case, a prosecuting attorney may, if in the prosecuting attorney's be…