§ 77-18-114 — Unpaid balance at termination of sentence -- Transfer of collection responsibility -- Past due account -- Notice -- Account or judgment paid in full -- Effect of civil accounts receivable and civil judgment of restitution.

(1) When a defendant's sentence is terminated by law or by the decision of the court or the board:
(1)(a) the board shall provide notice to the Office of State Debt Collection, and the Office of State Debt Collection shall provide an accounting of the unpaid balance of the defendant's criminal accounts receivable to the court if the defendant was on parole or incarcerated at the time of termination; and
(1)(b) except as provided in Subsection (1)(b)(iv), Subsection 77-18-118(1)(g), and Subsection 77-27-6.1(2)(f), within 90 days after the day on which a defendant's sentence is terminated, the court shall:
(1)(b)(i) enter an order for a civil accounts receivable and a civil judgment of restitution for a defendant on the civil judgment docket;
(1)(b)(ii) transfer the responsibility of collecting the civil accounts receivable and the civil judgment of restitution to the Office of State Debt Collection;
(1)(b)(iii) identify in the order under this Subsection (1):
(1)(b)(iii)(A) the Office of State Debt Collection as a judgment creditor for the civil accounts receivable and the civil judgment of restitution; and
(1)(b)(iii)(B) the victim as a judgment creditor for the civil judgment of restitution; and
(1)(b)(iv) if the restitution is owed to the Department of Workforce Services or the Department of Health and Human Services, upon request by the prosecutor or victim:
(1)(b)(iv)(A) enter an order for the civil accounts receivable and a civil judgment of restitution for a defendant on the civil judgment docket;
(1)(b)(iv)(B) transfer the responsibility of collecting the civil judgment of restitution to each entity described in this Subsection (1)(b)(iv) that is owed restitution, with the balance owed to each entity assigned to each entity respectively if applicable;
(1)(b)(iv)(C) identify each entity that is assigned responsibility for collecting a civil judgment of restitution under Subsection (1)(b)(iv)(B) as a judgment creditor for the civil judgment of restitution; and
(1)(b)(iv)(D) identify the Office of State Debt Collection as a judgment creditor for any civil accounts receivable and transfer the responsibility of collecting the civil accounts receivable to the Office of State Debt Collection.
(2) If a criminal accounts receivable for the defendant is more than 90 days past due and the court has ordered that a defendant does not owe restitution to any victim, or the time period for entering an order for restitution has expired under Section 77-38b-205 and the court has not ordered restitution, the court may:
(2)(a) enter an order for a civil accounts receivable for the defendant on the civil judgment docket;
(2)(b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as a judgment creditor for the civil accounts receivable; and
(2)(c) transfer the responsibility of collecting the civil accounts receivable to the Office of State Debt Collection.
(3) An order for a criminal accounts receivable is no longer in effect after the court enters an order for a civil accounts receivable or a civil judgment of restitution under Subsection (1) or (2).
(4) The court shall provide notice to the Office of State Debt Collection and the prosecuting attorney of any hearing that affects an order for the civil accounts receivable or the civil judgment of restitution.
(5) The Office of State Debt Collection shall notify the court when a civil judgment of restitution or a civil accounts receivable is satisfied.
(6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil accounts receivable on the civil judgment docket, or when restitution is recorded as an order for a civil judgment of restitution on the civil judgment docket, the order:
(6)(a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
(6)(b) may be collected by any means authorized by law for the collection of a civil judgment.
(7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of restitution are not subject to the civil statutes of limitation and expire only upon payment in full.
(8) (8)(a) If a defendant asserts that a payment was made to a victim or third party for a civil judgment of restitution, or enters into any other transaction that does not involve the Office of State Debt Collection, and the defendant asserts that the payment results in a credit toward the civil judgment of restitution for the defendant:
(8)(a)(i) the defendant shall provide notice to the Office of State Debt Collection and the prosecuting attorney within 30 days after the day on which the payment or other transaction is made; and
(8)(a)(ii) the payment may only be credited towards the civil judgment of restitution and does not affect any other amount owed to the Office of State Debt Collection under Section 63A-3-502.
(8)(b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party from providing notice of a payment towards a civil judgment of restitution to the Office of State Debt Collection.

Legislative History

Amended by Chapter 526, 2025 General Session