01-31 10:24 H.B. 383
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Court Fine Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Grant Amjad Miller
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill modifies provisions related to compensatory service and credits toward criminal
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fines.
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Highlighted Provisions:
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This bill:
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▸ modifies the rate that is used to credit compensatory service toward payment of criminal
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fines;
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▸ permits a judge to order that the cost of any court-ordered treatment or course be credited
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toward payment of criminal fines if the treatment or course is completed; and
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▸ permits credit for the cost of a court-ordered treatment or course to also be issued by
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means of a judge's order on a petition for remittance.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-3-301.7, as enacted by Laws of Utah 2018, Chapter 214
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77-32b-105, as enacted by Laws of Utah 2021, Chapter 260
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-3-301.7 is amended to read:
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76-3-301.7 . Compensatory service -- Credit for cost of court-ordered treatment
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or course.
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(1) As used in this section, "compensatory service" means service or unpaid work
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performed by a person, in lieu of the payment of a criminal fine, for:
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(a) a state or local government agency;
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(b) an entity that is approved as a nonprofit organization under Section 501(c) of the
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Internal Revenue Code; or
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(c) any other entity or organization if prior approval is obtained from the court.
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(2) When a defendant is sentenced to pay a fine for an infraction, class C or class B
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misdemeanor, the court shall consider allowing the defendant to complete compensatory
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service in lieu of the payment of the fine or account receivable, exclusive of any victim
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restitution imposed.
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(3) A defendant who intends to forfeit bail or who is ordered to pay a fine by the court for
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an infraction, class C or class B misdemeanor, shall be informed by the court of the
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opportunity to perform compensatory service in lieu of the fine or bail amount.
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(4) The court shall credit timely completed compensatory service reported in accordance
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with Subsection (5) against the fine or bail amount at the rate of [$10] $15 per hour and
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shall allow the defendant a reasonable amount of time to complete the service.
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(5)(a) The court shall provide the defendant with instructions that inform the
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organization:
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(i) about the requirements in Subsection (5)(b); and
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(ii) that making a written false statement to the court about the defendant's
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compensatory service is punishable as a class B misdemeanor pursuant to Section
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76-8-504.
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(b) The defendant shall report compensatory service hours to the court in a letter that:
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(i) is on the organization's official letterhead and includes contact information for the
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organization's representative;
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(ii) specifies the number of hours for which the defendant provided service;
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(iii) contains a brief description of what the service involved; and
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(iv) is signed by an authorized representative of the organization; or
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(v) is in a form otherwise acceptable to the court.
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(6) The court may refuse to accept compensatory service:
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(a) completed prior to the date of sentencing;
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(b) that has been submitted to another court for credit; or
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(c) completed at an agency or organization or is a type of service that is specifically
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prohibited by the court.
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(7) In addition to any other provision of this section, a court may order that the unpaid
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amount of the criminal accounts receivable, that is not the principal amount owed for
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restitution, be reduced in the amount of the cost of any treatment or course if:
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(a) the treatment or course was ordered by the court as part of the case;
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(b) the defendant has completed the court's requirements related to the treatment or
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course;
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(c) the defendant provides proof that the defendant completed the court's requirements
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and paid the cost of the treatment or course; and
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(d) the court finds that payment of an unpaid amount of a criminal accounts receivable
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will impose manifest hardship on the defendant or the defendant's family.
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Section 2. Section 77-32b-105 is amended to read:
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77-32b-105 . Petition for remittance or modification of a criminal accounts
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receivable before termination of a sentence.
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(1) At any time before a defendant's sentence terminates, the defendant may petition the
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sentencing court to:
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(a) correct an error in a criminal accounts receivable;
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(b) modify the payment schedule for the defendant's criminal accounts receivable in
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accordance with this section if the defendant is not under the jurisdiction of the
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board; or
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(c) remit, in whole or in part, an unpaid amount of the defendant's criminal accounts
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receivable that is not the principal amount owed for restitution in accordance with
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this section.
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(2) If a defendant files a petition under Subsection (1), and it appears to the satisfaction of
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the sentencing court that payment of an unpaid amount of a criminal accounts receivable
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will impose manifest hardship on the defendant, or the defendant's family, the court may:
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(a) if the criminal accounts receivable is not delinquent or in default, remit, in whole or
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in part, the unpaid amount of the criminal accounts receivable that is not the principal
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amount owed for restitution; or
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(b) regardless of whether the criminal accounts receivable is delinquent or in default:
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(i) require the defendant to pay the criminal accounts receivable, or a specified
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amount of the criminal accounts receivable, by a certain date;
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(ii) modify the payment schedule for the criminal accounts receivable in accordance
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with the factors described in Subsection 77-32b-103(3)(b) if the defendant has
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demonstrated that the criminal accounts receivable will impose a manifest
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hardship due to changed circumstances or new evidence that justifies modifying
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the payment schedule; or
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(iii)(A) allow the defendant to satisfy an unpaid amount of the criminal accounts
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receivable, that is not the principal amount owed for restitution, with proof of
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compensatory service completed by the defendant at a rate of credit not less
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than [$10] $15 for each hour of compensatory service[.] ; and
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(B) allow the defendant to reduce the unpaid amount of the criminal accounts
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receivable, that is not the principal amount owed for restitution, in the amount
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of the cost of any treatment or course if:
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(I) the treatment or course was ordered by the court as part of the case;
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(II) the defendant has completed the court's requirements related to the
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treatment or course; and
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(III) the defendant provides proof that the defendant completed the court's
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requirements and paid the cost of the treatment or course.
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(3)(a) If a defendant is under the jurisdiction of the board, the defendant may petition the
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board, at any time before the defendant's sentence terminates, to modify the payment
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schedule for the defendant's criminal accounts receivable.
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(b) If a defendant files a petition under Subsection (3)(a), the board may modify the
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payment schedule for the criminal accounts receivable in accordance with the factors
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described in Subsection 77-32b-103(3)(b) if the defendant has demonstrated that the
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criminal accounts receivable will impose a manifest hardship to the defendant, or the
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defendant's family, due to changed circumstances or new evidence that justifies
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modifying the payment schedule.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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