Utah Code Jud. Admin. R. 6-303

Intent:

To provide consistency in the collection of all fines and restitution ordered by the District Court.

Applicability:

This rule shall apply to all District Courts, the Department of Corrections and the Office of State Debt Collection.

Statement of the Rule:

(1) For criminal accounts receivable established after July 1, 2021, the sentencing court shall maintain responsibility for receiving, processing, and distributing payments for the criminal accounts receivable until the account is satisfied or the account is transferred to OSDC pursuant to statute. For criminal accounts receivable established before July 1, 2021, any prior order of the sentencing court remains in effect.

(2) If a defendant fails to pay the amount of fines and restitution ordered by the court pursuant to the payment schedule established by the court, the Department may file a progress/violation report with the court. The report shall contain any explanation concerning the defendant's failure to pay and a recommendation as to whether the defendant's probation should be modified, continued, terminated or revoked or whether the defendant should be placed on bench probation for the limited purpose of enforcing the payment of fines or restitution.

(3) If the court orders the defendant placed on bench probation for the purpose of enforcing the payment of fines and restitution, the court shall notify the defendant of such order.

(4) The court shall transfer an account to the Office State Debt Collection for collection as required by statute.