Section 77-32b-104 - Costs - What constitute costs - Ability to pay(1) Except for a cost described in Subsection 76-3-201(4), a court may order a defendant under Section 76-3-201 to pay costs for expenses incurred by the state or any political subdivision of the state for investigating, searching for, apprehending, and prosecuting the defendant, including: (a) attorney fees of counsel assigned to represent the defendant;(b) investigators' fees; or(c) except for a monetary reward that is paid to a codefendant, an accomplice, or a bounty hunter, a monetary reward that is: (i) offered to the public in exchange for information that would lead to the apprehension and conviction of the defendant; and(ii) paid to a person who provided information that led to the apprehension and conviction of the defendant.(2) A cost under Subsection (1) may not include: (a) expenses inherent in providing a constitutionally guaranteed trial;(b) expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law;(c) attorney fees for prosecuting attorneys; or(d) expenses for government transportation to and from court proceedings related to the prosecution of the offense for which the defendant is convicted.(3) The court may not order a defendant to pay a cost, unless there is evidence that the defendant is, or will be, able to pay the cost.(4) In determining the amount of a cost that a defendant is ordered to pay, the court shall take into account: (a) the financial resources of the defendant;(b) the nature of the burden that payment of the cost will impose; and(c) that restitution is prioritized over any cost.Amended by Chapter 497, 2023 General Session ,§ 6, eff. 5/3/2023.Renumbered from § 77-32a-107 and amended by Chapter 260, 2021 General Session ,§ 82, eff. 7/1/2021.Renumbered from § 77-32a-2 and amended by Chapter 304, 2017 General Session ,§ 12, eff. 5/9/2017.Amended by Chapter 21, 1999 General Session.