§ 63A-3-508 — Written request to receive a credit for a restitution payment -- Eligibility requirements.

(1) As used in this section:
(1)(a) "Debt" means any amount that:
(1)(a)(i) an individual owes as part of a criminal judgment; and
(1)(a)(ii) is collected and managed by the office.
(1)(b) "Eligible individual" means an individual who meets the requirements of Subsection (2).
(1)(c) "Qualifying debt" means a debt that is a fine, a fee, a surcharge, or any other money, that is deposited into the General Fund by the state treasurer.
(1)(d) "Voluntary payment" means a payment on a debt that is made before, or in the absence of, a legal proceeding or administrative action to collect or enforce the collection of the debt.
(2) An individual is eligible for a credit described in Subsection (3) if:
(2)(a) the individual submits a written request, on or after May 1, 2024, and before May 1, 2026, to the office requesting the credit;
(2)(b) the individual owes a debt of $3,000 or greater at the time of the written request; and
(2)(c) the individual was sentenced before July 1, 2021, for a criminal judgment for which the individual owes a debt.
(3) (3)(a) If an eligible individual makes a voluntary payment toward any restitution owed by the individual, the office shall issue a credit against any qualifying debt owed by the individual in the amount of 75% of the amount applied to restitution.
(3)(b) The office may issue the credit described in Subsection (3) to any voluntary payment made toward restitution before the written request was submitted as described in Subsection (2).
(4) The office shall provide:
(4)(a) reasonable notice of eligibility before May 1, 2026, to any individual that may be eligible for the credit as described in Subsection (2)(b) and (c); and
(4)(b) if an individual submits a written request as described in Subsection (2)(a), a written confirmation as to whether the individual is an eligible individual and will receive a credit as described in Subsection (3).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office may make rules regarding the administration of this section.
(6) By no later than November 30, 2025, the office shall report to the Judiciary Interim Committee on the outcomes of this section and whether the eligibility period described in Subsection (2) should be extended beyond May 1, 2026.
(7) Nothing in this section authorizes the office to reimburse or refund an individual for any payment on a debt.

Legislative History

Enacted by Chapter 389, 2024 General Session