Financial declaration by defendant.

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  • (1)
    • (a) The Judicial Council shall design and publish a financial declaration form to be completed by a defendant before the sentencing court establishes a payment schedule under Section 77-38b-205.
    • (b) The financial declaration form shall:
      • (i) require a defendant to disclose all assets, income, and financial liabilities of the defendant, including:
        • (A) real property;
        • (B) vehicles;
        • (C) precious metals or gems;
        • (D) jewelry with a value of $1,000 or more;
        • (E) other personal property with a value of $1,000 or more;
        • (F) the balance of any bank account and the name of the financial institution for the bank account;
        • (G) cash;
        • (H) salary, wages, commission, tips, and business income, including the name of any employer or entity from which the defendant receives a salary, wage, commission, tip, or business income;
        • (I) pensions and annuities;
        • (J) intellectual property;
        • (K) accounts receivable;
        • (L) accounts payable;
        • (M) mortgages, loans, and other debts; and
        • (N) restitution that has been ordered, and not fully paid, in other cases; and
      • (ii) state that a false statement made in the financial declaration form is punishable as a class B misdemeanor under Section 76-8-504.
  • (2) After a plea disposition or conviction has been entered but before sentencing, a defendant shall complete the financial declaration form described in Subsection (1).
  • (3) When a civil judgment of restitution or a civil accounts receivable is entered for a defendant on the civil judgment docket under Section 77-18-114, the court shall provide the Office of State Debt Collection with the defendant's financial declaration form.




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