Utah § 38b-203 - Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information.
Full text of Utah Utah Code § 38b-203 — Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information., with citation guidance and answers to common questions.
§ 38b-203. Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information.
Effective 7/1/2021 77-38b-203.
Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information.
(1)
In preparing a presentence investigation report described in Section 77-18-103, the department shall obtain information on restitution from:
(a)
the law enforcement agency and the prosecuting attorney; and
(b)
any victim of the offense or person asserting a claim for restitution on behalf of the victim.
(2)
A victim seeking restitution, a prosecuting attorney, or a person asserting a claim for restitution on behalf of a victim, shall provide the department with:
(a)
all invoices, bills, receipts, and any other evidence of pecuniary damages;
(b)
all documentation of any compensation or reimbursement from an insurance company or a local, state, or federal agency that is related to the pecuniary damages for the offense;
(c)
the victim's proof of identification, including the victim's date of birth, social security number, driver license number; and
(d)
the victim's or the person's contact information, including next of kin if available, current home and work address, and telephone number.
(3)
In the presentence investigation report, the department shall make every effort to:
(a)
itemize any pecuniary damages suffered by the victim;
(b)
include a specific statement on the amount of restitution that the department recommends for each victim; and
(c)
include a victim impact statement that:
(i)
provides the name of each victim and any person asserting a claim on behalf of a victim;
(ii)
describes the effect of the offense on the victim and the victim's family;
(iii)
describes any physical, mental, or emotional injury suffered by a victim as a result of the offense and the seriousness and permanence of the injury;
(iv)
describes any change in a victim's personal welfare or familial relationships as a result of the offense;
(v)
provides any request for mental health services by a victim or a victim's family member as a result of the offense; and
(vi)
provides any other relevant information regarding the impact of the offense upon a victim or the victim's family.
(4)
(a)
A prosecuting attorney and the department may take steps that are reasonably necessary to protect the identity of a victim and the victim's family in information that is submitted to the court under this section.
(b)
If a defendant seeks to view protected, safeguarded, or confidential information about a victim or a victim's family, the court shall review the information in camera.
(c)
The court may allow the defendant to view the information under Subsection (4)(b) if the court finds that:
(i)
the defendant's interest in viewing the information outweighs the victim's or the victim's family safety and privacy interests; and
(ii)
there are protections in place to safeguard the victim's and the victim's family safety and privacy interests.
Section 38b-203 ("Department of Corrections responsibility for collecting restitution information -- Presentence investigation report -- In camera review of victim information.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 38b-203?
A common citation format is "Utah Code § 38b-203" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 38b-203 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
