(1) As used in this section: (a) (i) "Convicted" means: (A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a mental condition; or (B) having received a judgment of guilty or a judgment of guilty with a mental condition. (ii) "Convicted" does not include an adjudication of an offense under Section 80-6-701 . (b) "Restitution" means the same as that term is defined in Section 77-38b-102 . (2) (a) Within the limits provided by this chapter, a court may sentence an individual convicted of an offense to any one of the following sentences, or combination of the following sentences: (i) to pay a fine; (ii) to removal or disqualification from public or private office; (iii) except as otherwise provided by law, to probation in accordance with Section 77-18-105 ; (iv) in accordance with Subsection 77-18-111(4) , to imprisonment; (v) on or after April 27, 1992, to life in prison without parole; or (vi) to death. (b) In determining the appropriate sentence for an individual convicted of an offense, the court shall consider: (i) the nature and circumstances of the offense, including the nature and gravity of the harm caused by the individual's criminal conduct; (ii) the history and characteristics of the individual, including the acceptance or lack of acceptance of accountability by the individual; (iii) whether the sentence to be imposed: (A) reflects the seriousness of the offense, promotes respect for the law, and provides just punishment for the offense; (B) affords adequate deterrence of criminal conduct; (C) protects the public from future offenses by the individual; and (D) provides for the rehabilitative needs of the individual; (iv) the adult sentencing and supervision length guidelines as defined in Section 63M-7-401.1; (v) the presentence investigation report described in Section 77-18-103 if a presentence investigation report has been prepared for the individual; (vi) any aggravating factor that the court may, or is required to, consider by law for the offense; (vii) any aggravating or mitigating circumstances; and (viii) the desires and interests of any victim of the offense. (c) In determining the appropriate sentence for an individual convicted of a violent felony, as defined in Section 76-3-203.5 , or a sexual offense, as defined in Section 76-3-407 , the sentencing court shall prioritize the factors described in Subsections (2)(b)(i) , (2)(b)(iii)(A), (2)(b)(iii)(B), and (2)(b)(iii)(C) over any interest of the defendant. (3) (a) This chapter does not deprive a court of authority conferred by law: (i) to forfeit property; (ii) to dissolve a corporation; (iii) to suspend or cancel a license; (iv) to permit removal of an individual from office; (v) to cite for contempt; or (vi) to impose any other civil penalty. (b) A court may include a civil penalty in a sentence. (4) In addition to any other sentence that a sentencing court may impose, the court shall order an individual to: (a) pay restitution in accordance with Title 77, Chapter 38b , Crime Victims Restitution Act; (b) subject to Section 77-32b-104 , pay the cost expended by an appropriate governmental entity under Section 77-30-24 for the extradition of the individual if the individual: (i) was extradited to this state, under Title 77, Chapter 30 , Extradition, to resolve pending criminal charges; and (ii) is convicted of an offense in the county for which the individual is returned; (c) subject to Subsection (5) and Subsections 77-32b-104(2) , (3), and (4), pay the cost of medical care, treatment, hospitalization, and related transportation, as described in Section 17-63-706 , that is provided by a county to the individual while the individual is in a county correctional facility before and after sentencing if: (i) the individual is convicted of an offense that results in incarceration in the county correctional facility; and (ii) (A) the individual is not a state prisoner housed in the county correctional facility through a contract with the Department of Corrections; or (B) the reimbursement does not duplicate the reimbursement under Section 64-13e-104 if the individual is a state probationary inmate or a state parole inmate; and (d) pay any other cost that the court determines is appropriate under Section 77-32b-104 . (5) The cost of medical care under Subsection (4)(c) does not include expenses incurred by the county correctional facility in providing reasonable accommodation for an inmate qualifying as an individual with a disability as defined and covered by the Americans with Disabilities Act, 42 U.S.C. Secs. 12101 through 12213, including medical and mental health treatment for the inmate's disability.
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