Rule4-302. Recommended Uniform Fine Schedule.
To provide a guideline for courts insetting fines in felony and misdemeanor cases in order to promote uniformityand consistency in setting fines for similar offenses in all courts.
To assist the sentencingjudge in determining the appropriate fine to be imposed as a condition of thesentence in a particular case, and to minimize disparity in sentencing forsimilar offenses and offenders.
This rule shall apply to all trialcourts of record and not of record.
Statementof the Rule:
(1) The Uniform Fine ScheduleCommittee shall establish a uniform fine schedule setting forth recommendedfine amounts for all criminal and traffic offenses, pursuant to the Utah Code.The fine schedule shall be reviewed and approved by the Council. For automatedcourts, the committee shall oversee and monitor input to the computerized fineschedule to ensure that the fine amounts are consistent with the uniform fineschedule approved by the Council.
(2) The recommended fine for eachoffense shall be proportional to the seriousness of the offense and theoffender's criminal history, and shall be consistent with the Utah SentencingGuidelines developed by the Utah Commission on Criminal and Juvenile Justice.
(3) The uniform recommended fineschedule shall consist of a felony schedule and a misdemeanor schedule.
(4) The uniform recommended fineschedule shall include criteria for aggravating and mitigating circumstances,and shall not limit the authority of the court to impose a sentence deemed justin the discretion of the judge.
(5) Presentence investigation reportsshall include a recommended disposition for each case based upon theindividual's circumstances. The reports shall include a recommended fine basedupon the schedule or a recommendation that no fine be imposed, and arecommendation of incarceration, probation or other alternative. In Class Bmisdemeanor cases, the presentence investigation report shall include such arecommended disposition for each case if specifically requested by thereferring judge.
(6) The approved uniform fine scheduleshall be published as an appendix to this Code and distributed to appropriatestate and local law enforcement agencies.
(7) The committee shall meet at leastonce annually to review the uniform fine schedule and recommend adjustments inthe schedule as necessary.
(8) Notice of the committee's meetingsshall be provided to interested agencies, as designated by the committee, toprovide such agencies an opportunity to appear before the committee and presentproposals for changes to the uniform fine schedule.
(9) When imposing fines, courts shouldconform to the uniform fine schedule except in cases where aggravating ormitigating circumstances warrant a deviation from the schedule.
EffectiveMay 12, 2020