Utah statute
Utah Code Ann. § 77-32b-104 — Costs - What constitute costs - Ability to pay.
Current through 2026 General Session
Part of Chapter 32b: Criminal Accounts Receivable and Costs, Utah Code.
Full text of Utah Code Ann. § 77-32b-104
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(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.
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