Section 32.2 - Restitution reporting.

UT Code § 17-22-32.2 (2019) (N/A)
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(1) As used in this section: (a) "Commission" means the Commission on Criminal and Juvenile Justice. (b) "Inmate" means an individual who is currently incarcerated or who was formerly incarcerated at a county jail, regardless of whether the individual is convicted of a crime. (c) "Incarceration fee" means a fee assessed to or collected from an inmate that is based on the length of time the inmate is incarcerated at a county jail. (d) "Restitution fees" means incarceration fees or transportation fees. (e) "Sentencing court" means the court that exercises jurisdiction over an inmate incarcerated at a county jail. (f) "Transportation fee" means a fee assessed to or collected from an inmate if the inmate is transported by a state entity for any reason, except extradition.

(a) "Commission" means the Commission on Criminal and Juvenile Justice.

(b) "Inmate" means an individual who is currently incarcerated or who was formerly incarcerated at a county jail, regardless of whether the individual is convicted of a crime.

(c) "Incarceration fee" means a fee assessed to or collected from an inmate that is based on the length of time the inmate is incarcerated at a county jail.

(d) "Restitution fees" means incarceration fees or transportation fees.

(e) "Sentencing court" means the court that exercises jurisdiction over an inmate incarcerated at a county jail.

(f) "Transportation fee" means a fee assessed to or collected from an inmate if the inmate is transported by a state entity for any reason, except extradition.

(2) Each county jail within the state shall submit a report to the commission, before June 1, 2020, disclosing whether the county jail: (a) requires restitution for incarceration fees under Subsection 76-3-201(6); (b) requires restitution for transportation fees under Subsection 76-3-201(5); or (c) otherwise requires restitution fees.

(a) requires restitution for incarceration fees under Subsection 76-3-201(6);

(b) requires restitution for transportation fees under Subsection 76-3-201(5); or

(c) otherwise requires restitution fees.

(3) If a county jail requires restitution for incarceration fees, the jail shall include the following data, reflecting the 2019 calendar year, in the jail's report to the commission: (a) the jail's policies and procedures related to incarceration fees, including: (i) factors considered before assessing an incarceration fee; (ii) the daily or nightly rate at which an inmate is charged; (iii) whether an inmate's indigency may allow for waiver or reduction of an incarceration fee; (iv) if the jail allows a waiver or reduction described in Subsection (3)(a)(iii), how indigency is determined; and (v) the jail's methods for collecting an incarceration fee, including: (A) whether the incarceration fee is collected by the sentencing court, the jail, or another method; and (B) methods used to collect payment of an incarceration fee; (b) the total amount of incarceration fees assessed to inmates by the jail, the sentencing court, or another method; (c) the total amount of incarceration fees collected from inmates by the jail, the sentencing court, or another method; (d) the total number of inmates that paid the amount assessed for incarceration fees in full; (e) the total number of inmates that paid the amount assessed for incarceration fees in part; (f) the total amount of unpaid incarceration fees that are sent to the Office of State Debt Collection; (g) the total amount of incarceration fees that are written off as unpaid; (h) the total amount of incarceration fees assessed to inmates who are acquitted or whose charges are dismissed; (i) the total amount of incarceration fees collected from inmates who are acquitted or whose charges are dismissed; (j) costs incurred related to administering incarceration fees; and (k) costs incurred related to collecting incarceration fees.

(a) the jail's policies and procedures related to incarceration fees, including: (i) factors considered before assessing an incarceration fee; (ii) the daily or nightly rate at which an inmate is charged; (iii) whether an inmate's indigency may allow for waiver or reduction of an incarceration fee; (iv) if the jail allows a waiver or reduction described in Subsection (3)(a)(iii), how indigency is determined; and (v) the jail's methods for collecting an incarceration fee, including: (A) whether the incarceration fee is collected by the sentencing court, the jail, or another method; and (B) methods used to collect payment of an incarceration fee;

(i) factors considered before assessing an incarceration fee;

(ii) the daily or nightly rate at which an inmate is charged;

(iii) whether an inmate's indigency may allow for waiver or reduction of an incarceration fee;

(iv) if the jail allows a waiver or reduction described in Subsection (3)(a)(iii), how indigency is determined; and

(v) the jail's methods for collecting an incarceration fee, including: (A) whether the incarceration fee is collected by the sentencing court, the jail, or another method; and (B) methods used to collect payment of an incarceration fee;

(A) whether the incarceration fee is collected by the sentencing court, the jail, or another method; and

(B) methods used to collect payment of an incarceration fee;

(b) the total amount of incarceration fees assessed to inmates by the jail, the sentencing court, or another method;

(c) the total amount of incarceration fees collected from inmates by the jail, the sentencing court, or another method;

(d) the total number of inmates that paid the amount assessed for incarceration fees in full;

(e) the total number of inmates that paid the amount assessed for incarceration fees in part;

(f) the total amount of unpaid incarceration fees that are sent to the Office of State Debt Collection;

(g) the total amount of incarceration fees that are written off as unpaid;

(h) the total amount of incarceration fees assessed to inmates who are acquitted or whose charges are dismissed;

(i) the total amount of incarceration fees collected from inmates who are acquitted or whose charges are dismissed;

(j) costs incurred related to administering incarceration fees; and

(k) costs incurred related to collecting incarceration fees.

(4) If a county jail requires restitution for transportation fees, the jail shall include the following data, reflecting the 2019 calendar year, in the jail's report to the commission: (a) the jail's policies and procedures related to transportation fees, including: (i) factors considered before assessing a transportation fee; (ii) the rates at which an inmate is charged per transportation, and by distance; (iii) whether an inmate's indigency may allow waiver or reduction of transportation fees; (iv) if the jail allows the waiver or reduction described in Subsection (4)(a)(iii), how indigency is determined; and (v) the methods for collecting a transportation fee, including: (A) whether the transportation fee is collected by the court, the jail, or another method; and (B) methods used to collect payment of a transportation fee; (b) the total amount of transportation fees assessed to inmates by the jail, the sentencing court, or another method; (c) the total amount of transportation fees collected from inmates by the jail, the sentencing court, or another method; (d) the total number of inmates that paid the amount assessed for transportation fees in full; (e) the total number of inmates that paid the amount assessed for transportation fees in part; (f) the total amount of unpaid transportation fees that are sent to the Office of State Debt Collection; (g) the total amount of transportation fees that are written off as unpaid; (h) the total amount of transportation fees assessed to inmates who are acquitted or whose charges are dismissed; (i) the total amount of transportation fees collected from inmates who are acquitted or whose charges are dismissed; (j) costs incurred related to administering transportation fees; and (k) costs incurred related to collecting transportation fees.

(a) the jail's policies and procedures related to transportation fees, including: (i) factors considered before assessing a transportation fee; (ii) the rates at which an inmate is charged per transportation, and by distance; (iii) whether an inmate's indigency may allow waiver or reduction of transportation fees; (iv) if the jail allows the waiver or reduction described in Subsection (4)(a)(iii), how indigency is determined; and (v) the methods for collecting a transportation fee, including: (A) whether the transportation fee is collected by the court, the jail, or another method; and (B) methods used to collect payment of a transportation fee;

(i) factors considered before assessing a transportation fee;

(ii) the rates at which an inmate is charged per transportation, and by distance;

(iii) whether an inmate's indigency may allow waiver or reduction of transportation fees;

(iv) if the jail allows the waiver or reduction described in Subsection (4)(a)(iii), how indigency is determined; and

(v) the methods for collecting a transportation fee, including: (A) whether the transportation fee is collected by the court, the jail, or another method; and (B) methods used to collect payment of a transportation fee;

(A) whether the transportation fee is collected by the court, the jail, or another method; and

(B) methods used to collect payment of a transportation fee;

(b) the total amount of transportation fees assessed to inmates by the jail, the sentencing court, or another method;

(c) the total amount of transportation fees collected from inmates by the jail, the sentencing court, or another method;

(d) the total number of inmates that paid the amount assessed for transportation fees in full;

(e) the total number of inmates that paid the amount assessed for transportation fees in part;

(f) the total amount of unpaid transportation fees that are sent to the Office of State Debt Collection;

(g) the total amount of transportation fees that are written off as unpaid;

(h) the total amount of transportation fees assessed to inmates who are acquitted or whose charges are dismissed;

(i) the total amount of transportation fees collected from inmates who are acquitted or whose charges are dismissed;

(j) costs incurred related to administering transportation fees; and

(k) costs incurred related to collecting transportation fees.

(5) After receiving the reports described in this section, the commission shall: (a) compile the information from the reports; (b) omit or redact any identifying information of an inmate in the compilation, to the extent omission or redaction is necessary to comply with state or federal law; and (c) on or before September 1, 2020, submit the compilation and all reports provided by the county jails to the Jail Incarceration and Transportation Costs Study Council created in Section 17-22-32.3.

(a) compile the information from the reports;

(b) omit or redact any identifying information of an inmate in the compilation, to the extent omission or redaction is necessary to comply with state or federal law; and

(c) on or before September 1, 2020, submit the compilation and all reports provided by the county jails to the Jail Incarceration and Transportation Costs Study Council created in Section 17-22-32.3.

(6) If a county jail's policies or procedures relating to restitution fees changed during the years 2018 or 2019, the county jail shall include in the county jail's report to the commission: (a) the specific policies or procedures that changed; and (b) a description of the changed policies and procedures as they existed in 2018.

(a) the specific policies or procedures that changed; and

(b) a description of the changed policies and procedures as they existed in 2018.