Petition for remittance of an unpaid balance of a criminal accounts receivable upon termination of a sentence.
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(1)
(a) If a defendant is not under the jurisdiction of the board, and if any amount of a defendant's criminal accounts receivable is unpaid at the termination of the defendant's sentence, the defendant may petition the sentencing court, within 90 days after the day on which the sentence is terminated, to remit, in whole or in part, the unpaid amount of the criminal accounts receivable.
(b)
(i) If a defendant is under the jurisdiction of the board, and if any amount of the defendant's criminal accounts receivable is unpaid at the termination of the defendant's sentence, the defendant may petition the board within 90 days after the day on which the sentence is terminated, to remit, in whole or in part, the unpaid amount of the criminal accounts receivable.
(ii) If a defendant files a petition for remittance under Subsection (1)(b)(i) within 90 days from the day on which the defendant's sentence is terminated, the board retains jurisdiction over the defendant's case beyond the termination of the defendant's sentence to determine whether to remit, in whole or in part, the defendant's criminal accounts receivable.
(2)
(a) If a petition is filed under Subsection (1), a hearing shall be held, unless the court or the board determines that the petition under Subsection (1) is frivolous or the petition is uncontested.
(b) If a hearing is held under Subsection (2)(a), and the court, or the board, finds by a preponderance of the evidence that the factors listed in Subsection (3) weigh in favor of remitting, in whole or in part, the unpaid amount of a criminal accounts receivable, the court or the board may remit:
(i) any of the unpaid amount of the criminal accounts receivable that is not the principal amount owed for restitution; or
(ii) if the victim consents to remittance of the unpaid amount of the criminal accounts receivable that is restitution that the defendant owes to the victim, any of the unpaid amount of restitution that defendant owes to the victim.
(c) The court, or the board, shall give the prosecuting attorney and the victim:
(i) notice of a hearing on the remittance of a criminal accounts receivable; and
(ii) an opportunity to be heard at the hearing.
(d) Nothing in this section shall be construed to prohibit a victim from pursuing a private action against a defendant, even if the victim consents to the remission of restitution.
(3) In making a determination to remit an unpaid amount of a criminal accounts receivable, the court, or the board, shall consider:
(a) whether the defendant has made substantial and good faith efforts to make payments on the criminal accounts receivable;
(b) the needs of the victim;
(c) whether the remission would further the rehabilitation of the defendant;
(d) the ability of the defendant to continue to make payments on a civil accounts receivable; and
(e) any other factor that the court or the board determines is relevant.
(4) If any unpaid amount of a criminal accounts receivable is not remitted by the court or the board upon termination of the defendant's sentence, the court shall proceed with an order for a civil judgment of restitution and a civil accounts receivable as described in Section 77-18-114.