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Utah Code Title 77. Utah Code of Criminal Procedure § 77-32b-104. Costs--What constitute costs--Ability to pay

Current as of January 01, 2025 | Updated by Findlaw Staff

(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:

(a) attorney fees of counsel assigned to represent the defendant;

(b) investigators' fees; or

(c) except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is:

(i) offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and

(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:

(a) expenses inherent in providing a constitutionally guaranteed trial;

(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;

(c) attorney fees for prosecuting attorneys; or

(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:

(a) the financial resources of the defendant;

(b) the nature of the burden that payment of the cost will impose; and

(c) that restitution is prioritized over any cost.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-32b-104. Costs--What constitute costs--Ability to pay - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-32b-104/

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