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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-32a-1 Convicted defendant may be required to pay costs.
In a criminal action the court may require a convicted
defendant to pay costs.
2002
77-32a-2 Costs - What constitute.
Costs shall be limited to expenses specially incurred
by the state or any political subdivision in investigating,
searching for, apprehending, and prosecuting the defendant,
including attorney fees of counsel assigned to represent
the defendant, interpreter fees, and investigators' fees.
Costs cannot include expenses inherent in providing a constitutionally
guaranteed trial or expenditures in connection with the maintenance
and operation of government agencies that must be made by
the public irrespective of specific violations of law. Costs
cannot include attorneys' fees for prosecuting attorneys.
1999
77-32a-3 Ability to pay considered.
The court shall not include in the judgment a sentence
that a defendant pay costs unless the defendant is or will
be able to pay them. In determining the amount and method
of payment of costs, the court shall take account of the
financial resources of the defendant and the nature of the
burden that payment of costs will impose and that restitution
be the first priority.
1980
77-32a-4 Petition for remission of payment of costs.
A defendant who has been sentenced to pay costs and who
is not in contumacious default in the payment thereof may
at any time petition the court which sentenced him for remission
of the payment of costs or of any unpaid portion thereof.
If it appears to the satisfaction of the court that payment
of the amount due will impose manifest hardship on the defendant
or his immediate family, the court may remit all or part
of the amount due in costs, or modify the method of payment
under Section
77-32a-5
.
1980
77-32a-5 Time and method of payment.
When a defendant is sentenced to pay costs, the court
may grant permission for payment to be made within a specified
period of time or in specified installments. If no such permission
is included in the sentence the costs shall be payable forthwith.
1980
77-32a-6 Payment as condition of probation or suspended sentence.
When a defendant sentenced to pay costs is also placed
on probation or imposition or execution of sentence is suspended,
the court may make payment of costs a condition of probation
or suspension of sentence.
1980
77-32a-7 Default in payment as contempt - Order to show cause - Warrant of arrest.
When a defendant sentenced to pay costs defaults in the
payment thereof or of any installment, the court on motion
of the attorney general or the county attorney or upon its
own motion may require him to show cause why his default
should not be treated as contempt of court, and may issue
an order to show cause or a warrant of arrest for his appearance.
1980
77-32a-8 Default in payment as contempt - What constitutes contempt - Imprisonment.
Unless the defendant shows that his default was not attributable
to an intentional refusal to obey the order of the court
or to a failure on his part to make a good faith effort to
make the payment, the court may find that his default constitutes
contempt and may order him committed until the costs or a
specified part thereof, are paid.
1980
77-32a-9 Costs imposed on corporation or association - Duty to pay - Contempt.
When costs are imposed on a corporation or unincorporated
association, it is the duty of the person authorized to make
disbursement from the assets of the corporation or association
to pay the costs from those assets, and his failure to do
so may be held to be contempt unless he makes the showing
required in Section
77-32a-8
of this act.
1980
77-32a-10 Imprisonment for contempt - Limitations.
The term of imprisonment for contempt for nonpayment of
costs shall be set forth in the commitment order, and shall
not exceed one day for each $25 of the costs, 30 days if
the costs were imposed upon conviction of a misdemeanor,
or six months in the case of a felony, whichever is the shorter
period. A person committed for nonpayment of costs shall
be given credit toward payment for each day of imprisonment
at the rate specified in the commitment order.
1980
77-32a-11 Default not constituting contempt - Relief allowed.
If it appears to the satisfaction of the court that the
default in the payment of costs is not contempt, the court
may enter an order allowing the defendant additional time
for payment, reducing the amount thereof or of each installment
or revoking the costs or the unpaid portion thereof in whole
or in part.
1980
77-32a-12 Collection of payment in default - Execution.
A default in the payment of costs or any installment thereof
may be collected by any means authorized by law for the enforcement
of a judgment. The levy of execution for the collection of
costs shall not discharge a defendant committed to imprisonment
for contempt until the amount of the costs has actually been
collected.
1980
77-32a-13 Docketing judgment for costs.
A judgment that the defendant pay costs may be docketed
in the same manner as a judgment in a civil action.
1980
77-32a-14 Verified statement of time and expenses of counsel for indigent defendants.
The court may require a verified statement of time and
expenses from appointed counsel or the nonprofit legal aid
or other association providing counsel to convicted indigent
defendants in order to establish the costs, if any, which
will be included in the judgment.
1980
