Uniform fine schedule -- Judicial Council.

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  • (1) The Judicial Council shall establish a uniform recommended fine schedule for each offense under Subsection 76-3-301(1).
    • (a) The fine for each offense shall proportionally reflect the seriousness of the offense and other factors as determined in writing by the Judicial Council.
    • (b) The schedule shall be reviewed annually by the Judicial Council.
    • (c) The fines shall be collected as part of a criminal accounts receivable, as defined in Section 77-32b-102, that is established under Section 77-32b-103.
  • (2) The schedule shall incorporate:
    • (a) criteria for determining aggravating and mitigating circumstances; and
    • (b) guidelines for enhancement or reduction of the fine, based on aggravating or mitigating circumstances.
  • (3) Presentence investigation reports shall include documentation of aggravating and mitigating circumstances as determined under the criteria, and a recommended fine under the schedule.
  • (4) The Judicial Council shall also establish a separate uniform recommended fine schedule for the juvenile court and by rule provide for its implementation.
  • (5) This section does not prohibit the court from in its discretion imposing no fine, or a fine in any amount up to and including the maximum fine, for the offense.




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