§ 77-38b-202 — Prosecuting attorney responsibility for collecting restitution information -- Depositing restitution on behalf of victim.

(1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting attorney shall:
(1)(a) contact any known victim of the offense for which the criminal charge is filed, or person asserting a claim for restitution on behalf of the victim; and
(1)(b) gather the following information from the victim or person:
(1)(b)(i) the name of the victim or person; and
(1)(b)(ii) the actual or estimated amount of restitution.
(2) (2)(a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the court, the prosecuting attorney shall provide the court with the information gathered by the prosecuting attorney under Subsection (1)(b).
(2)(b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not have all the information under Subsection (1)(b), the prosecuting attorney shall provide the defendant with:
(2)(b)(i) at the time of plea disposition or conviction, all information under Subsection (1)(b) that is reasonably available to the prosecuting attorney; and
(2)(b)(ii) any information under Subsection (1)(b) as the information becomes available to the prosecuting attorney.
(2)(c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim, or a person asserting a claim for restitution on behalf of a victim from:
(2)(c)(i) submitting information on, or a request for, restitution to the court within the time periods described in Section 77-38b-205; or
(2)(c)(ii) submitting information on, or a request for, restitution for additional or substituted victims within the time periods described in Section 77-38b-205.
(3) (3)(a) The prosecuting attorney may be authorized by the sentencing court or appropriate public treasurer to deposit restitution collected on behalf of a victim into an interest-bearing account in accordance with Title 51, Chapter 7, State Money Management Act, pending the distribution of the funds to the victim.
(3)(b) If restitution is deposited into an interest-bearing account under Subsection (3)(a), the prosecuting attorney shall:
(3)(b)(i) distribute any interest that accrues in the account to each victim on a pro rata basis; and
(3)(b)(ii) if all victims have been made whole and funds remain in the account, distribute any remaining funds to the Division of Finance, created in Section 63A-3-101, to deposit to the Utah Office for Victims of Crime.
(3)(c) Nothing in this section prevents an independent judicial authority from collecting, holding, and distributing restitution.

Legislative History

Amended by Chapter 526, 2025 General Session