Utah Admin. Code R671-404-5 - Remitting Criminal Accounts Receivables

(1) Any offender under the Board's jurisdiction or the offender's legal counsel may petition the Board to remit all or part of the offender's criminal accounts receivable.

(2) "Remit" means to forgive or eliminate.

(3)

(a) Petitions for remittance must be filed with the Board no later than 90 days after termination of the offender's sentence.

(b) if a timely petition for remittance is filed, the Board retains jurisdiction over the offender past the expiration of the offender's sentence to resolve the petition only.

(4) A petition for remittance shall contain information regarding:

(a) an accounting of the amount still owing on the criminal accounts receivable for each criminal case where an account exists;

(b) the petitioner's specific request for remittance;

(c) whether the defendant has made substantial and good faith efforts to make payments on the criminal accounts receivable;

(d) the needs of victims, if known to the offender;

(e) the offender's rehabilitative needs; and

(f) the other monetary obligations of the offender and the offender's ability to continue to make payments on a civil accounts receivable.

(5)

(a) When a petition for remittance is filed, the offender shall serve notice of the petition on the prosecuting entity.

(b) the prosecuting entity is responsible to provide notice of the petition to the victims or victim representatives.

(6) The Board shall hold a hearing on timely-filed petitions for remittance unless the petition is frivolous on its face or it is uncontested after notice has been given to the prosecuting entity and victims or victim representatives.

(7) The Board may seek input from the Department or OSDC on the petition for remittance.

(8)

(a) At a hearing held on the petition for remittance, the offender, the victims or victim representatives, and a representative of the prosecuting entity shall be given an opportunity to speak to the Board.

(b) where appropriate, other individuals, including a representative of the Department or OSDC, may also be permitted to speak.

(9) The Board will consider the factors in Subsection 77-32b-106(3) in determining whether to remit any portion of the criminal accounts receivable.

(10) The Board may remit an offender's criminal accounts receivable in whole or in part, but the Board may not remit any portion of the criminal accounts receivable that is the principle of restitution without the express consent of the victim who is owned that restitution.

Notes

Utah Admin. Code R671-404-5

Adopted by Utah State Bulletin Number 2022-12, effective 6/9/2022