(1) If a criminal judgment accounts receivable has become delinquent as defined in Section 77-32a-101, the court, by motion of the prosecutor, a judgment creditor, the Office of State Debt Collection, or on the court's own motion, may order the defendant to appear and show cause why the delinquency should not be treated as contempt of court, as provided in this section.

(2) (a) The moving party or a court clerk shall provide a declaration outlining the nature of the debt and the delinquency. (b) Upon receipt of that declaration, the court shall set the matter for a hearing and provide notice of the hearing to the defendant by mailing notice of the hearing to the defendant's last known address and by any other means the court finds likely to provide defendant notice of the hearing. (i) If it appears to the court that the defendant is not likely to appear at the hearing, the court may issue an arrest warrant with a bail amount reasonably likely to guarantee the defendant's appearance. (ii) If the defendant is a corporation or an unincorporated association, the court shall cite the person authorized to make disbursement from the assets of the corporation or association to appear to answer for the alleged contempt.

(a) The moving party or a court clerk shall provide a declaration outlining the nature of the debt and the delinquency.

(b) Upon receipt of that declaration, the court shall set the matter for a hearing and provide notice of the hearing to the defendant by mailing notice of the hearing to the defendant's last known address and by any other means the court finds likely to provide defendant notice of the hearing. (i) If it appears to the court that the defendant is not likely to appear at the hearing, the court may issue an arrest warrant with a bail amount reasonably likely to guarantee the defendant's appearance. (ii) If the defendant is a corporation or an unincorporated association, the court shall cite the person authorized to make disbursement from the assets of the corporation or association to appear to answer for the alleged contempt.

(i) If it appears to the court that the defendant is not likely to appear at the hearing, the court may issue an arrest warrant with a bail amount reasonably likely to guarantee the defendant's appearance.

(ii) If the defendant is a corporation or an unincorporated association, the court shall cite the person authorized to make disbursement from the assets of the corporation or association to appear to answer for the alleged contempt.

(3) At the hearing the defendant is entitled to be represented by counsel and, if the court is considering a period of incarceration as a potential sanction, appointed counsel if the defendant is indigent.

(4) To find the defendant in contempt, the court shall find beyond a reasonable doubt that the defendant: (a) was aware of the obligation to pay the criminal judgment accounts receivable; (b) had the capacity to pay the criminal judgment accounts receivable in the manner ordered by the court; and (c) did not make a good faith effort to make the payments.

(a) was aware of the obligation to pay the criminal judgment accounts receivable;

(b) had the capacity to pay the criminal judgment accounts receivable in the manner ordered by the court; and

(c) did not make a good faith effort to make the payments.

(5) If the court finds the defendant in contempt for nonpayment, the court may impose the sanctions for contempt as provided in Section 78B-6-310, subject to the limitations in Subsections (6) through (8).

(6) If the court imposes a jail sanction for the contempt, the number of jail days may not exceed one day for each $100 of the amount the court finds was contemptuously unpaid, up to a maximum of five days for contempt arising from a class B misdemeanor or lesser offense, and 30 days for a class A misdemeanor or felony offense.

(7) Any jail sanction imposed for contempt under this section shall serve to satisfy the criminal judgment account receivable at $100 for each day served. Amounts satisfied under this Subsection (7) may not include restitution amounts ordered by the court in accordance with Title 77, Chapter 38a, Crime Victims Restitution Act.

(8) Any financial penalty authorized by Section 78B-6-310 and ordered by the court may only become due after the satisfaction of the original criminal account receivable.

(9) The order of the court finding the defendant in contempt and ordering sanctions is a final appealable order.