Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
63-63a-1 Surcharge - Application and exemptions.
(1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed by the courts.
(b) The surcharge shall be:
(i) 85% upon conviction of a:
(A) felony;
(B) class A misdemeanor;
(C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; or
(D) class B misdemeanor not classified within Title 41, Motor Vehicles, including violation of comparable county or municipal ordinances; or
(ii) 35% upon conviction of any other offense, including violation of county or municipal ordinances not subject to the 85% surcharge.
(2) The surcharge may not be imposed:
(a) upon nonmoving traffic violations;
(b) upon court orders when the offender is ordered to perform compensatory service work in lieu of paying a fine; and
(c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of a case under Section 78-3a-502 .
(3) (a) The surcharge and the exceptions under Subsections (1) and (2) also apply to all fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if committed by an adult.
(b) However, the surcharge does not include amounts assessed or collected separately by juvenile courts for the Juvenile Restitution Account, which is independent of this chapter and does not affect the imposition or collection of the surcharge.
(4) The surcharge under this section shall be imposed in addition to the fine charged for a civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge imposition.
(5) Fees, assessments, and surcharges related to criminal
or traffic offenses shall be authorized and managed by this
chapter rather than attached to particular offenses.
2005
63-63a-2 Division of collected monies retained by state treasurer and local governmental collecting entity - Purpose of surcharge - Allocation of collections - Financial information.
(1) The amount of the surcharge imposed under this chapter by courts of record shall be collected before any fine and deposited with the state treasurer.
(2) The amount of the surcharge and the amount of criminal fines, penalties, and forfeitures imposed under this chapter by courts not of record shall be collected concurrently.
(a) As monies are collected on criminal fines, penalties, and forfeitures subject to the 85% surcharge, the monies shall be divided pro rata so that the local governmental collecting entity retains 54% of the collected monies and the state retains 46% of the collected monies.
(b) As monies are collected on criminal fines, penalties, and forfeitures subject to the 35% surcharge, the monies shall be divided pro rata so that the local governmental collecting entity retains 74% of the collected monies and the state retains 26% of the collected monies.
(c) The court shall deposit with the state treasurer the surcharge portion of all monies as they are collected.
(3) Courts of record, courts not of record, and administrative traffic proceedings shall collect financial information to determine:
(a) the total number of cases in which:
(i) a final judgment has been rendered;
(ii) surcharges and fines are paid by partial or installment payment; and
(iii) the judgment is fulfilled by an alternative method upon the court's order;
(b) the total dollar amounts of surcharges owed to the state and fines owed to the state and county or municipality, including:
(i) waived surcharges;
(ii) uncollected surcharges; and
(iii) collected surcharges.
(4) The courts of record, courts not of record, and administrative traffic proceedings shall report all collected financial information monthly to the Administrative Office of the Courts. The collected information shall be categorized by cases subject to the 85% and 35% surcharge.
(5) The purpose of the surcharge is to finance the trust funds and support accounts as provided in this chapter.
(6) (a) From the surcharge, the Division of Finance shall allocate in the manner and for the purposes described in Sections 63-63a-3 through 63-63a-9 .
(b) The balance of the collected surcharge shall be deposited in the General Fund.
(c) Allocations shall be made on a fiscal year basis.
(7) The provisions of Sections
63-63a-1
and
63-63a-2
may not impact the distribution and allocation
of fines and forfeitures imposed in accordance with Sections
23-14-13
,
78-3-14.5
, and
78-5-116
.
2003
63-63a-3 EMS share of surcharge - Accounting.
(1) The Division of Finance shall allocate 14% of the collected surcharge established in Section 63-63a-1 , but not to exceed the amount appropriated by the Legislature, to the Emergency Medical Services (EMS) Grants Program Account under Section 26-8a-207 .
(2) The amount shall be recorded by the Department of
Health as a dedicated credit.
1999
63-63a-4 Distribution of surcharge amounts.
(1) In this section:
(a) "Reparation fund" means the Crime Victim Reparation Fund.
(b) "Safety account" means the Public Safety Support Account.
(2) (a) There is created a restricted special revenue fund known as the "Crime Victim Reparation Fund" to be administered and distributed as provided in this chapter by the Reparations Office under Title 63, Chapter 25a, Part 4, Crime Victims' Reparations Act, in cooperation with the Division of Finance.
(b) Monies deposited in this fund are for victim reparations, criminal justice and substance abuse, other victim services, and, as appropriated, for administrative costs of the Commission on Criminal and Juvenile Justice under Title 63, Chapter 25a.
(3) (a) There is created a restricted account in the General Fund known as the "Public Safety Support Account" to be administered and distributed by the Department of Public Safety in cooperation with the Division of Finance as provided in this chapter.
(b) Monies deposited in this account shall be appropriated to:
(i) the Division of Peace Officer Standards and Training (POST) as described in Title 53, Chapter 6, Peace Officer Standards and Training Act; and
(ii) the Office of the Attorney General for the support of the Utah Prosecution Council established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
(4) The Division of Finance shall allocate from the collected surcharge established in Section 63-63a-1 :
(a) 35% to the reparation fund;
(b) 18.5% to the safety account for POST, but not to exceed the amount appropriated by the Legislature; and
(c) 3% to the safety account for support of the Utah Prosecution Council, but not to exceed the amount appropriated by the Legislature.
(5) (a) In addition to the funding provided by other sections of this chapter, a percentage of the income earned by inmates working for correctional industries in a federally certified private sector/prison industries enhancement program shall be deposited in the reparation fund.
(b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall be determined by the executive director of the Department of Corrections in accordance with the requirements of the private sector/prison industries enhancement program.
(6) (a) In addition to other monies collected from the surcharge, judges are encouraged to, and may in their discretion, impose additional reparations to be paid into the reparation fund by convicted criminals.
(b) The additional discretionary reparations may not exceed
the statutory maximum fine permitted by Title 76, Utah Criminal
Code, for that offense.
2002
63-63a-5 Substance Abuse Prevention Account established - Funding - Uses.
(1) There is created a restricted account within the General Fund known as the Substance Abuse Prevention Account.
(2) (a) The Division of Finance shall allocate to the Substance Abuse Prevention Account from the collected surcharge established in Section 63-63a-1 :
(i) 2.5% for the juvenile court, but not to exceed the amount appropriated by the Legislature; and
(ii) 2.5% for the State Office of Education, but not to exceed the amount appropriated by the Legislature.
(b) The juvenile court shall use the allocation to pay for community service programs required by Subsection 78-3a-118 (2)(m).
(c) The State Office of Education shall use the allocation in public school programs for:
(i) substance abuse prevention and education;
(ii) substance abuse prevention training for teachers and administrators; and
(iii) district and school programs to supplement, not
supplant, existing local prevention efforts in cooperation
with local substance abuse authorities.
1998
63-63a-6 Victims of Domestic Violence Services Account established - Funding - Uses.
(1) There is created a restricted account in the General Fund known as the Victims of Domestic Violence Services Account.
(2) (a) The Division of Finance shall allocate to the Victims of Domestic Violence Services Account from the collected surcharge established in Section 63-63a-1 :
(i) 4% for the Division for Domestic Violence Services, but not to exceed the amount appropriated by the Legislature; and
(ii) .5% for the Office of the Attorney General, but not to exceed the amount appropriated by the Legislature.
(b) The attorney general shall use the allocation for
training municipal and county attorneys in the prosecution
of domestic violence offenses.
1993
63-63a-7 Intoxicated Driver Rehabilitation Account share of surcharge.
The Division of Finance shall allocate 7.5% of the collected
surcharge established in Section
63-63a-1
, but not to exceed the amount appropriated
by the Legislature, to the Intoxicated Driver Rehabilitation
Account established by Section
62A-15-503
.
2002
63-63a-8 Children's Legal Defense Account.
(1) There is created a restricted account within the General Fund known as the Children's Legal Defense Account.
(2) The purpose of the Children's Legal Defense Account is to provide for programs that protect and defend the rights, safety, and quality of life of children.
(3) The Legislature shall appropriate money from the account for the administrative and related costs of the following programs:
(a) implementing the Mandatory Educational Course on Children's Needs for Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4 , 30-3-7 , 30-3-10.3 , 30-3-11.3 , 30-3-15.3 , and 30-3-18 , and the Mediation Pilot Program - Child Custody or Parent-time as provided in Sections 30-3-15.3 and 30-3-18 ;
(b) implementing the use of guardians ad litem as provided in Sections 30-3-5.2 , 78-3a-318 , 78-3a-912 , 78-11-6 , and 78-7-9 ; the training of guardian ad litems and volunteers as provided in Section 78-3a-912 ; and termination of parental rights as provided in Sections 78-3a-118 , 78-3a-119 , 78-3a-903 , and Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act. This account may not be used to supplant funding for the guardian ad litem program in the juvenile court as provided in Section 78-3a-912 ; and
(c) implementing and administering the Expedited Parent-time Enforcement Pilot Program as provided in Section 30-3-38 .
(4) The following withheld fees shall be allocated only to the Children's Legal Defense Account and used only for the purposes provided in Subsections (3)(a) through (c):
(a) the additional $10 fee withheld on every marriage license issued in the state of Utah as provided in Section 17-16-21 ; and
(b) a fee of $2 shall be withheld from the existing civil filing fee collected on any complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
(5) The Division of Finance shall allocate the monies described in Subsection (4) from the General Fund to the Children's Legal Defense Account.
(6) Any funds in excess of $200,000 remaining in the restricted
account as of June 30 of any fiscal year shall lapse into
the General Fund.
2001
63-63a-8.5 Guardian Ad Litem Services Account established - Funding - Uses.
There is created in the General Fund a restricted account
known as the Guardian Ad Litem Services Account, for the
purpose of funding the Office of the Guardian Ad Litem Director,
in accordance with the provisions of Sections
78-3a-911
and
78-3a-912
. The Division of Finance shall allocate 1.75%
of the collected surcharge established in Section
63-63a-1
to the Guardian Ad Litem Services Account.
That amount may not, however, exceed the amount appropriated
by the Legislature.
1997
63-63a-9 Statewide Warrant Operations Account - Share of surcharge - Use.
(1) There is created a restricted account within the General Fund known as the Statewide Warrant Operations Account.
(2) The Division of Finance shall allocate 2.5% of the collected surcharge established under Section 63-63a-1 , but not to exceed the amount appropriated by the Legislature, to this account.
(3) The Legislature may appropriate money from the restricted
account to the Department of Public Safety to pay for statewide
warrant system costs incurred under Section
53-10-208
.
1998
