17-A §2007. Income withholding order
§2007. Income withholding order 1. Instructions for employer. When restitution is required of an offender who will not be commencing service of a period of institutional confinement, who does not receive a sentence that includes a period of probation and who is employed, the court shall, at the time of ordering restitution, enter a […]
17-A §2008. Deceased victims
§2008. Deceased victims An offender’s obligation to pay restitution is not affected by the death of the victim to whom the restitution is due. The money collected as restitution must be forwarded to the estate of the victim. If an offender is an heir, beneficiary or recipient of the victim’s estate, any restitution paid to […]
17-A §2009. Victim unable to be located
§2009. Victim unable to be located If the location of a victim cannot, with due diligence, be ascertained, the money collected as restitution must be forwarded to the Treasurer of State to be handled as unclaimed property. [PL 2019, c. 113, Pt. A, §2 (NEW).] SECTION HISTORY PL 2019, c. 113, Pt. A, §2 […]
17-A §2010. Joint and several order
§2010. Joint and several order If the victim’s financial loss has been caused by more than one offender, the order must designate that the restitution is to be paid on a joint and several basis, unless the court specifically determines that one defendant should not equally share the burden. The agency collecting restitution pursuant to […]
17-A §2011. Former Department of Corrections’ clients owing restitution
§2011. Former Department of Corrections’ clients owing restitution An offender is responsible for paying any restitution outstanding at the time the term of commitment to the Department of Corrections or period of probation is completed. An offender who has complied with the time and method of payment of monetary compensation determined by the Department of […]
17-A §2012. Restitution deducted from judgment in civil action
§2012. Restitution deducted from judgment in civil action Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the victim against the offender based on the same facts. If the restitution ordered and made was work restitution, the reasonable value of the services may […]
17-A §2013. Post-conviction relief
§2013. Post-conviction relief If, in any judicial proceeding following conviction, a court issues a final judgment invalidating the conviction, the judgment may include an order that any or all of a restitution payment that the convicted person paid pursuant to the sentence for that conviction be returned to the convicted person. [PL 2019, c. […]
17-A §2001. Purpose
§2001. Purpose The Legislature finds and declares that the victims of crimes often suffer losses through no fault of their own and for which there is no compensation. It also finds that repayment, in whole or in part, by the offender to the victim of the offender’s crime can operate to rehabilitate the offender in […]
17-A §2002. Definitions
§2002. Definitions As used in this chapter, unless the context otherwise indicates, the following words have the following meanings. [PL 2019, c. 113, Pt. A, §2 (NEW).] 1. Collateral source. “Collateral source” means a source of benefits or advantages for economic loss resulting from a crime, which the victim has received, or which […]