Section 501 - Default and sanctions.

UT Code § 77-38a-501 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) When a defendant defaults in the payment of a judgment for restitution or any installment ordered, the court, on motion of the prosecutor, parole or probation agent, victim, or on its own motion may: (a) impose sanctions against the defendant as provided in Section 77-32a-104; or (b) if the payment of restitution to a victim was a term of probation, begin probation violation proceedings as provided in Subsection 77-18-1(12).

(a) impose sanctions against the defendant as provided in Section 77-32a-104; or

(b) if the payment of restitution to a victim was a term of probation, begin probation violation proceedings as provided in Subsection 77-18-1(12).

(2) The court may not impose a sanction against the defendant under Subsection (1) if: (a) the defendant's sole default in the payment of a judgement for restitution is the failure to pay restitution ordered under Subsection 76-3-201(6) regarding costs of incarceration in a county correctional facility; and (b) the sanction would extend the defendant's term of probation or parole.

(a) the defendant's sole default in the payment of a judgement for restitution is the failure to pay restitution ordered under Subsection 76-3-201(6) regarding costs of incarceration in a county correctional facility; and

(b) the sanction would extend the defendant's term of probation or parole.