§ 17-14-7. Right of Offender to Offer Restitution Plan to Ordering Authority; Consideration and Adoption of Plan; Hearing to Determine Restitution; Burden of Proof; Liability Among Multiple Offenders; Payment for Multiple Victims; Waiver of Victim’s Rights
Any offender may offer a restitution plan to the ordering authority. If a plan is offered, it shall be the duty of the ordering authority to consider the factors stated in Code Section 17-14-10 and to make the plan part of a restitution order if acceptable to the ordering authority. If the parties have not […]
§ 17-14-8. Apportionment of Payments for Fines and Restitution; Payment to Victims
In any case in which a court sentences an offender to pay restitution and a fine, if the court permits the offender to pay such restitution and fine in other than a lump sum, the clerk of any superior court of this state, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, […]
§ 17-14-9. Amount of Restitution
The amount of restitution ordered shall not exceed the victim’s damages. History. Code 1933, § 27-3009, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172. Editor’s notes. Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: “This Act shall be […]
§ 17-14-10. Factors to Be Considered by Ordering Authority in Determining Nature and Amount of Restitution
In determining the nature and amount of restitution, the ordering authority shall consider: The financial resources and other assets of the offender or person ordered to pay restitution including whether any of the assets are jointly controlled; The earnings and other income of the offender or person ordered to pay restitution; Any financial obligations of […]
§ 17-14-11. Effect of Restitution Order on Civil Actions Against Offender; Setoff of Restitution Payments Against Civil Judgments; Admissibility of Restitution Orders or Payments; Determining Setoff Amount
An order for restitution shall not bar any civil action against the offender. However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil action based on the same facts for which restitution was ordered. The fact […]
§ 17-14-12. Modification of Restitution Order
The ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered. History. Code 1933, § 27-3012, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172. Editor’s notes. Ga. L. 2005, p. 88, § 1/HB 172, not codified […]
§ 17-14-13. Manner of Enforcement of Restitution Order Generally; Sanctions for Failure to Comply With Order
A restitution order shall be enforceable as is a civil judgment by execution as provided in Code Section 17-10-20. If an offender or other person ordered to pay restitution willfully refuses to comply with a restitution order, the order, in the discretion of the court, may be enforced by attachment for contempt, upon the application […]
§ 17-14-14. Restitution Payments; Wage Assignments; Review of Compliance; Interest
Payments pursuant to an order for restitution shall be made to the clerk of the court or to any other person, for the benefit of the victim or victims, as the ordering authority shall order. In each case in which payment of restitution is ordered as a condition of probation or parole, the ordering authority […]
§ 17-14-15. Peonage Not Authorized by Article; Denial of Benefits Because of Poverty Prohibited
Nothing in this article shall authorize peonage; and this article shall be construed and diligently administered to prevent peonage. No offender shall be denied any benefit, relief, or privilege to which he or she might otherwise be entitled or eligible solely because he or she is financially unable and cannot become financially able to make […]