§ 63M-7-503 — Restitution -- Reparations not to supplant restitution -- Assignment of claim for restitution judgment to Reparations Office.

(1) A reparations award may not supplant an order for restitution under Title 77, Chapter 38b, Crime Victims Restitution Act, or under any other provision of law.
(2) The court may not reduce an order for restitution based on a reparations award.
(3) (3)(a) (3)(a)(i) If a victim receives a reparations award and the office is assigned the victim's claim for restitution, or a portion of the victim's claim for restitution, under Section 63M-7-519, the office may file with the sentencing court a notice of restitution listing the amounts or estimated future amounts of payments made or anticipated to be made to or on behalf of the victim.
(3)(a)(ii) The office may provide a notice of restitution to the victim or victim's representative before or at sentencing.
(3)(a)(iii) The office's failure to provide notice under Subsection (3)(a)(i) or (ii) does not invalidate the imposition of the judgment or an order for restitution if the defendant is given the opportunity to object and be heard as provided in this part.
(3)(b) (3)(b)(i) Any objection by the defendant to the imposition or amount of restitution under Subsection (3)(a)(i) shall be:
(3)(b)(i)(A) made at the time of sentencing; or
(3)(b)(i)(B) made in writing within 20 days after the day on which the defendant receives the notice described in Subsection (3)(a) and filed with the court and a copy mailed to the office.
(3)(b)(ii) Upon an objection, the court shall allow the defendant a hearing on the issue.
(3)(b)(iii) After a hearing under Subsection (3)(b)(ii), the court shall:
(3)(b)(iii)(A) enter an order for restitution in accordance with Section 77-38b-205; and
(3)(b)(iii)(B) identify the office as an assignee for the order for restitution.
(3)(b)(iv) Subject to the right of the defendant to object, the amount of restitution sought by the office may be updated and the office identified as an assignee of an order for restitution in accordance with the time periods established under Section 77-38b-205.
(4) If no objection is made or filed by the defendant under Subsection (3), the court shall upon conviction and sentencing:
(4)(a) enter an order for restitution in accordance with Section 77-38b-205; and
(4)(b) identify the office as an assignee for the order for restitution.
(5) (5)(a) If the notice of restitution is filed after sentencing but during the term of probation or parole, the court shall:
(5)(a)(i) modify any order for restitution to include expenses paid by the office on behalf of the victim in accordance with Section 77-38b-205; and
(5)(a)(ii) identify the office as an assignee of the order for restitution.
(5)(b) If an order for restitution has not been entered, the court shall:
(5)(b)(i) enter an order for restitution in accordance with Section 77-38b-205; and
(5)(b)(ii) identify the office as an assignee of the order for restitution.

Legislative History

Amended by Chapter 330, 2024 General Session