R671-403-1. General Provisions

  (1) If the Board determines that a court has previously ordered or determined restitution applicable to any conviction, or that restitution is owed to any victim as a result of the conduct for which an offender was convicted, or any related conduct as authorized by state law to be considered, the Board may order restitution:

  (a) as a condition of parole;

  (b) as a contingency to be satisfied prior to release from prison incarceration earlier than sentence expiration; or

  (c) to be converted to a civil judgment, pursuant to the provisions of applicable state law.

  (2) The Board may, pursuant to the provisions of state law, determine and order an offender to pay restitution at any time while the offender is under the Board's jurisdiction, when:

  (a) restitution has been ordered by the sentencing court;

  (b) pecuniary damages to a victim occurred as a result of the offender's criminal conduct but were not determined or ordered by the sentencing court;

  (c) requested by the Department of Corrections (Department) or other criminal justice agency.

  (d) pecuniary damages to any person or entity are caused by an offender's disciplinary violation, conduct, or behavior arising during incarceration;

  (e) new information regarding restitution is submitted to the Board which was not available or considered at the time of sentencing or a prior restitution determination; or

  (f) the Board determines a restitution order is otherwise appropriate.

  (3) Restitution determinations shall be:

  (a) based upon a preponderance of the evidence; and

  (b) made by a majority vote of the Board.

  (4) When determining restitution, the provisions of Utah Code Sections 77-38a-302(1) and 77-38a-302(5)(a)-(b) shall apply.

  (5) The Board may determine and order restitution based upon:

  (a) prior orders made by a sentencing court;

  (b) prior orders involving the same crimes, events, or incidents made by a court in the case of a co-defendant;

  (c) amounts and determinations included in pre-sentence reports; or

  (d) information received regarding restitution claimed or owed that the Board determines is relevant and reliable.