§ 51-9-404. Crime Victims Reparations Fund -- Public Safety Support Account -- Distribution of surcharge amounts. (Effective 7/1/2014)

(1) In this section:

(a) "Reparation fund" means the Crime Victim Reparations Fund.

(b) "Safety account" means the Public Safety Support Account.

(2)

(a) There is created an expendable special revenue fund known as the "Crime Victim Reparations Fund" to be administered and distributed as provided in this part by the Utah Office for Victims of Crime under Title 63M, Chapter 7, Part 5, Utah Office for Victims of Crime, in cooperation with the Division of Finance.

(b) Money deposited in this fund is for victim reparations, other victim services, and, as appropriated, for administrative costs of the Office for Victims of Crime in Title 63M, Chapter 7, Part 5, Utah Office for Victims of Crime.

(3)

(a) There is created a restricted account in the General Fund known as the "Public Safety Support Account" to be administered and distributed by the Department of Public Safety in cooperation with the Division of Finance as provided in this part.

(b) Money deposited in this account shall be appropriated to:

(i) the Division of Peace Officer Standards and Training (POST) as described in Title 53, Chapter 6, Peace Officer Standards and Training Act; and

(ii) the Office of the Attorney General for the support of the Utah Prosecution Council established in Title 67, Chapter 5a, Utah Prosecution Council, and the fulfillment of the council's duties.

(4) The Division of Finance shall allocate from the collected surcharge established in Section 51-9-401:

(a) 35% to the Crime Victim Reparations Fund;

(b) 18.5% to the safety account for POST, but not to exceed the amount appropriated by the Legislature; and

(c) 3% to the safety account for support of the Utah Prosecution Council, but not to exceed the amount appropriated by the Legislature.

(5)

(a) In addition to the funding provided by other sections of this part, a percentage of the income earned by inmates working for correctional industries in a federally certified private sector/prison industries enhancement program shall be deposited in the Crime Victim Reparations Fund.

(b) The percentage of income deducted from inmate pay under Subsection (5)(a) shall be determined by the executive director of the Department of Corrections in accordance with the requirements of the private sector/prison industries enhancement program.

(6)

(a) In addition to other money collected from the surcharge, judges are encouraged to, and may in their discretion, impose additional reparations to be paid into the Crime Victim Reparations Fund by convicted criminals.

(b) The additional discretionary reparations may not exceed the statutory maximum fine permitted by Title 76, Utah Criminal Code, for that offense.

Amended by Chapter 56, 2014 General Session