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Rule4-302. Uniform recommended fine/bail schedule.

Intent:

To provide a guideline for courts in settingbail in felony and misdemeanor cases in order to promote uniformity andconsistency in setting bail for similar offenses in all courts.

To assist thesentencing judge in determining the appropriate fine to be imposed as acondition of the sentence in a particular case, and to minimize disparity insentencing for similar offenses and offenders.

Applicability:

This rule shall apply to all trial courts ofrecord and not of record.

Statement of the Rule:

(1) The Uniform Fine/Bail Schedule Committeeshall establish a uniform fine/bail schedule setting forth recommended fine andbail amounts for all criminal and traffic offenses, pursuant to the Utah Code.The fine/bail schedule shall be reviewed and approved by the Council. Forautomated courts, the committee shall oversee and monitor input to thecomputerized fine/bail schedule to ensure that the fine/bail amounts are consistent with the uniform fine/bail schedule approvedby the Council.

(2) The recommended fine for each offenseshall be proportional to the seriousness of the offense and the offender'scriminal history, and shall be consistent with the Utah Sentencing Guidelinesdeveloped by the Utah Commission on Criminal and Juvenile Justice.

(3) The uniform recommended fine scheduleshall consist of a felony schedule, a misdemeanor schedule and a youth offenderschedule.

(4) The uniform recommended fine scheduleshall include criteria for aggravating and mitigating circumstances, and shallnot limit the authority of the court to impose a sentence deemed just in thediscretion of the judge.

(5) Presentence investigation reportsprepared by the Department of Corrections in felony cases and the JuvenileCourt Probation Department in juvenile cases shall include a recommendeddisposition for each case based upon the individual's circumstances. Thereports shall include a recommended fine based upon the schedule or arecommendation that no fine be imposed, and a recommendation of incarceration,probation or other alternative. In Class B misdemeanor cases, the presentenceinvestigation report shall include such a recommended disposition for each caseif specifically requested by the referring judge.

(6) The approved uniform fine/bail scheduleshall be published as an appendix to this Code and distributed to appropriatestate and local law enforcement agencies.

(7) The committee shall meet at least onceannually to review the uniform fine/bail schedule and recommend adjustments inthe schedule as necessary.

(8) Notice of the committee's meetings shallbe provided to interested agencies, as designated by the committee, to providesuch agencies an opportunity to appear before the committee and present proposalsfor changes to the uniform fine/bail schedule.

(9) When imposing fines and setting bail,courts should conform to the uniform fine/bail schedule except in cases whereaggravating or mitigating circumstances warrant a deviation from the schedule.