(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.