Download Zipped Amended WP 8.0 HB0322.ZIP 7,239 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 322

             1     

CRIMINAL FINES SURCHARGE AMENDMENTS

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Blake D. Chard

             5      AN ACT RELATING TO CORRECTIONS AND STATE GOVERNMENT; AMENDING THE
             6      ALLOCATION OF THE CRIMINAL FINES SURCHARGE; PROVIDING FOR
             7      APPROPRIATING TO CORRECTIONS, FOR OFFICER TRAINING, A PORTION OF THE
             8      SURCHARGE CURRENTLY DEPOSITED IN THE GENERAL FUND.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          63-63a-4, as last amended by Chapter 308, Laws of Utah 1997
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 63-63a-4 is amended to read:
             14           63-63a-4. Reparation fund -- Victim reparation and specific appropriations.
             15          (1) In this section:
             16          (a) "Reparation fund" means the Crime Victim Reparation Trust Fund.
             17          (b) "Safety fund" means the Public Safety Support Fund.
             18          (2) (a) There is created an expendable trust fund known as the Crime Victim Reparation
             19      Trust Fund to be administered and distributed as provided in this chapter by the Reparations Office
             20      under Title 63, Chapter 25a, Part 4, Crime Victims' Reparations Act, in cooperation with the
             21      Division of Finance.
             22          (b) Monies deposited in this fund are for victim reparations and, as appropriated, for
             23      administrative costs of the Reparations Office under Title 63, Chapter 25a, Part 4, Crime Victims'
             24      Reparations Act.
             25          (3) (a) There is created a restricted h [ revenue fund ] ACCOUNT h in the General Fund
             25a      known as the Public
             26      Safety Support Fund to be administered and distributed by the Department of Public Safety in
             27      cooperation with the Division of Finance as provided in this chapter.

             28          (b) Monies deposited in this fund shall be appropriated to:
             29          (i) the Division of Peace Officer Standards and Training (POST) as described in Title 53,
             30      Chapter 6, Peace Officer Standards and Training Act; and
             31          (ii) the Office of the Attorney General for the support of the Utah Prosecution Council
             32      established in Title 67, Chapter 5a, and the fulfillment of the council's duties.
             33          (4) (a) There is created a restricted h [ revenue fund ] ACCOUNT h in the General Fund
             33a      known as the
             34      Corrections Training Fund to be administered and distributed by the Department of Corrections
             35      in cooperation with the Division of Finance as provided in this chapter.
             36          (b) Monies deposited in this fund shall be appropriated to the Department of Corrections.
             37          [(4)] (5) The Division of Finance shall allocate from the collected surcharge established
             38      in Section 63-63a-1 :
             39          (a) 35% to the reparation fund, but not to exceed $2,500,000 for fiscal year 1993-94;
             40          (b) 18.5% to the safety fund for POST, but not to exceed the amount appropriated by the
             41      Legislature; [and]
             42          (c) 3% to the safety fund for support of the Utah Prosecution Council, but not to exceed
             43      the amount appropriated by the Legislature[.]; and
             44          (d) S [ 8.25% ] 4.5% s to the Corrections Training Fund for correctional officer training, but not to
             45      exceed the amount appropriated by the Legislature.
             46          [(5)] (6) (a) In addition to the funding provided by other sections of this chapter, a
             47      percentage of the income earned by inmates working for correctional industries in a federally
             48      certified private sector/prison industries enhancement program shall be deposited in the reparation
             49      fund.
             50          (b) The percentage of income deducted from inmate pay under Subsection (6)(a) shall be
             51      determined by the executive director of the Department of Corrections in accordance with the
             52      requirements of the private sector/prison industries enhancement program.
             53          [(6)] (7) (a) In addition to the money collected from the surcharge, judges are encouraged
             54      to, and may in their discretion, impose additional reparations to be paid into the reparation fund
             55      by convicted criminals.
             56          (b) The additional discretionary reparations may not exceed the statutory maximum fine
             57      permitted by Title 76, Utah Criminal Code, for that offense.




Legislative Review Note
    as of 2-2-00 2:40 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

[Bill Documents][Bills Directory]