17-A §1904. Limited review by appeal
§1904. Limited review by appeal A person may not attack the legality of a deferred disposition, including a final disposition, except that a person who has been determined by a court to have inexcusably failed to comply with a court-imposed deferment requirement and thereafter has been sentenced to an alternative authorized for the crime may […]
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 […]
17-A §2003. Mandatory consideration of restitution
§2003. Mandatory consideration of restitution 1. Inquiry as to victim’s financial loss. The court shall, whenever practicable, inquire of a prosecutor, law enforcement officer or victim with respect to the extent of the victim’s financial loss and shall order restitution when appropriate. The order for restitution must designate the amount of restitution to be […]
17-A §2004. Authorized claimants
§2004. Authorized claimants Restitution may be authorized for: [PL 2019, c. 113, Pt. A, §2 (NEW).] 1. Victim. The victim or a dependent of a deceased victim; [PL 2019, c. 113, Pt. A, §2 (NEW).] 2. County. The county where the offense was prosecuted if the victim voluntarily refuses restitution or […]
17-A §2005. Criteria for restitution
§2005. Criteria for restitution 1. Restitution authorized. Restitution may be authorized, in whole or in part, as compensation for economic loss. In determining the amount of restitution authorized, the following must be considered: A. The contributory misconduct of the victim; [PL 2019, c. 113, Pt. A, §2 (NEW).] B. Failure to report […]
17-A §2006. Time and method of restitution
§2006. Time and method of restitution When restitution is authorized, and the offender is not committed to the Department of Corrections and does not receive a sentence that includes a period of probation, the time and method of payment or of the performance of the services must be specified by the court and monetary compensation […]
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 […]