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

Utah Statutes

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

Utah·Title 77 Utah Code of Criminal Procedure·Ch. 77-32b Criminal Accounts Receivable and Costs

(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.

Utah § 77-32b-104 (Costs -- What constitute costs -- Ability to pay.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.