Utah § 77-32b-104 Costs -- What constitute costs -- Ability to pay.

Utah Statutes

§ 77-32b-104 — Costs -- What constitute costs -- Ability to pay.

Utah § 77-32b-104

Title 77Utah Code of Criminal Procedure

Ch. 77-32bCriminal Accounts Receivable and Costs

This text of Utah § 77-32b-104 (Costs -- What constitute costs -- Ability to pay.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-32b-104 (2026).

Text

(1)Except for a cost described in Subsection 76-3-201(4), a court may order a defendant under Section 76-3-201 to pay costs for expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including:

(1)(a) attorney fees of counsel assigned to represent the defendant;

(1)(b) investigators' fees; or

(1)(c) except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is:

(1)(c)(i) offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and

(1)(c)(ii) paid to a person who provided information that led to the apprehension and conviction of the defendant.

(2)A cost under Subsection (1

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(1) Except for a cost described in Subsection 76-3-201(4), a court may order a defendant under Section 76-3-201 to pay costs for expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including:

(1)(a) attorney fees of counsel assigned to represent the defendant;
(1)(b) investigators' fees; or
(1)(c) except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is:
(1)(c)(i) offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and
(1)(c)(ii) paid to a person who provided information that led to the apprehension and conviction of the defendant.
(2) A cost under Subsection (1) may not include:

(2)(a) expenses inherent in providing a constitutionally guaranteed trial;
(2)(b) expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law;
(2)(c) attorney fees for prosecuting attorneys; or
(2)(d) expenses for government transportation to and from court proceedings related to the prosecution of the offense for which the defendant is convicted.
(3) The court may not order a defendant to pay a cost, unless there is evidence that the defendant is, or will be, able to pay the cost.
(4) In determining the amount of a cost that a defendant is ordered to pay, the court shall take into account:

(4)(a) the financial resources of the defendant;
(4)(b) the nature of the burden that payment of the cost will impose; and
(4)(c) that restitution is prioritized over any cost.