Enrolled Copy H.B. 383
1
Court Fine Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Grant Amjad Miller
Senate Sponsor: Todd Weiler
2
3
LONG TITLE
4
General Description:
5
This bill modifies provisions related to compensatory service and credits toward criminal
6
fines.
7
Highlighted Provisions:
8
This bill:
9
▸ permits a judge to order that the cost of any court-ordered treatment or course be credited
10
toward payment of criminal fines if the treatment or course is completed; and
11
▸ permits credit for the cost of a court-ordered treatment or course to also be issued by
12
means of a judge's order on a petition for remittance.
13
Money Appropriated in this Bill:
14
None
15
Other Special Clauses:
16
None
17
Utah Code Sections Affected:
18
AMENDS:
19
76-3-301.7, as enacted by Laws of Utah 2018, Chapter 214
20
77-32b-105, as enacted by Laws of Utah 2021, Chapter 260
21
22
Be it enacted by the Legislature of the state of Utah:
23
Section 1. Section 76-3-301.7 is amended to read:
24
76-3-301.7 . Compensatory service -- Credit for cost of court-ordered treatment
25
or course.
26
(1) As used in this section, "compensatory service" means service or unpaid work
27
performed by a person, in lieu of the payment of a criminal fine, for:
28
(a) a state or local government agency; H.B. 383 Enrolled Copy
29
(b) an entity that is approved as a nonprofit organization under Section 501(c) of the
30
Internal Revenue Code; or
31
(c) any other entity or organization if prior approval is obtained from the court.
32
(2) When a defendant is sentenced to pay a fine for an infraction, class C or class B
33
misdemeanor, the court shall consider allowing the defendant to complete compensatory
34
service in lieu of the payment of the fine or account receivable, exclusive of any victim
35
restitution imposed.
36
(3) A defendant who intends to forfeit bail or who is ordered to pay a fine by the court for
37
an infraction, class C or class B misdemeanor, shall be informed by the court of the
38
opportunity to perform compensatory service in lieu of the fine or bail amount.
39
(4) The court shall credit timely completed compensatory service reported in accordance
40
with Subsection (5) against the fine or bail amount at the rate of $10 per hour and shall
41
allow the defendant a reasonable amount of time to complete the service.
42
(5)(a) The court shall provide the defendant with instructions that inform the
43
organization:
44
(i) about the requirements in Subsection (5)(b); and
45
(ii) that making a written false statement to the court about the defendant's
46
compensatory service is punishable as a class B misdemeanor pursuant to Section
47
76-8-504.
48
(b) The defendant shall report compensatory service hours to the court in a letter that:
49
(i) is on the organization's official letterhead and includes contact information for the
50
organization's representative;
51
(ii) specifies the number of hours for which the defendant provided service;
52
(iii) contains a brief description of what the service involved; and
53
(iv) is signed by an authorized representative of the organization; or
54
(v) is in a form otherwise acceptable to the court.
55
(6) The court may refuse to accept compensatory service:
56
(a) completed prior to the date of sentencing;
57
(b) that has been submitted to another court for credit; or
58
(c) completed at an agency or organization or is a type of service that is specifically
59
prohibited by the court.
60
(7) In addition to any other provision of this section, a court may order that the unpaid
61
amount of the criminal accounts receivable, that is not the principal or interest amount
62
owed for restitution, be reduced in the amount of the cost of any treatment or course if:
- 2 - Enrolled Copy H.B. 383
63
(a) the treatment or course was ordered by the court as part of the case;
64
(b) the defendant has completed the court's requirements related to the treatment or
65
course;
66
(c) the defendant provides proof that the defendant completed the court's requirements
67
and paid the cost of the treatment or course; and
68
(d) the court finds that payment of an unpaid amount of a criminal accounts receivable
69
will impose manifest hardship on the defendant or the defendant's family.
70
Section 2. Section 77-32b-105 is amended to read:
71
77-32b-105 . Petition for remittance or modification of a criminal accounts
72
receivable before termination of a sentence.
73
(1) At any time before a defendant's sentence terminates, the defendant may petition the
74
sentencing court to:
75
(a) correct an error in a criminal accounts receivable;
76
(b) modify the payment schedule for the defendant's criminal accounts receivable in
77
accordance with this section if the defendant is not under the jurisdiction of the
78
board; or
79
(c) remit, in whole or in part, an unpaid amount of the defendant's criminal accounts
80
receivable that is not the principal or interest amount owed for restitution in
81
accordance with this section.
82
(2) If a defendant files a petition under Subsection (1), and it appears to the satisfaction of
83
the sentencing court that payment of an unpaid amount of a criminal accounts receivable
84
will impose manifest hardship on the defendant, or the defendant's family, the court may:
85
(a) if the criminal accounts receivable is not delinquent or in default, remit, in whole or
86
in part, the unpaid amount of the criminal accounts receivable that is not the principal
87
or interest amount owed for restitution; or
88
(b) regardless of whether the criminal accounts receivable is delinquent or in default:
89
(i) require the defendant to pay the criminal accounts receivable, or a specified
90
amount of the criminal accounts receivable, by a certain date;
91
(ii) modify the payment schedule for the criminal accounts receivable in accordance
92
with the factors described in Subsection 77-32b-103(3)(b) if the defendant has
93
demonstrated that the criminal accounts receivable will impose a manifest
94
hardship due to changed circumstances or new evidence that justifies modifying
95
the payment schedule; or
96
(iii)(A) allow the defendant to satisfy an unpaid amount of the criminal accounts
- 3 - H.B. 383 Enrolled Copy
97
receivable, that is not the principal or interest amount owed for restitution, with
98
proof of compensatory service completed by the defendant at a rate of credit
99
not less than $10 for each hour of compensatory service[.] ; and
100
(B) allow the defendant to reduce the unpaid amount of the criminal accounts
101
receivable, that is not the principal or interest amount owed for restitution, in
102
the amount of the cost of any treatment or course if:
103
(I) the treatment or course was ordered by the court as part of the case;
104
(II) the defendant has completed the court's requirements related to the
105
treatment or course; and
106
(III) the defendant provides proof that the defendant completed the court's
107
requirements and paid the cost of the treatment or course.
108
(3)(a) If a defendant is under the jurisdiction of the board, the defendant may petition the
109
board, at any time before the defendant's sentence terminates, to modify the payment
110
schedule for the defendant's criminal accounts receivable.
111
(b) If a defendant files a petition under Subsection (3)(a), the board may modify the
112
payment schedule for the criminal accounts receivable in accordance with the factors
113
described in Subsection 77-32b-103(3)(b) if the defendant has demonstrated that the
114
criminal accounts receivable will impose a manifest hardship to the defendant, or the
115
defendant's family, due to changed circumstances or new evidence that justifies
116
modifying the payment schedule.
117
Section 3. Effective Date.
118
This bill takes effect on May 7, 2025.
- 4 -