§ 15A-1340.38 – Enforcement of certain orders for restitution.
15A-1340.38. Enforcement of certain orders for restitution. (a) In addition to the provisions of G.S. 15A-1340.36, when an order for restitution under G.S. 15A-1340.34(b) requires the defendant to pay restitution in an amount in excess of two hundred fifty dollars ($250.00) to a victim, the order may be enforced in the same manner as a […]
§ 15A-1340.39 – Remission of restitution, notice, and hearing required.
15A-1340.39. Remission of restitution, notice, and hearing required. (a) Notice and Hearing Required. – No court may remit all or part of an order of restitution entered pursuant to G.S. 15A-1340.34 without providing notice and an opportunity to be heard to the district attorney and the victim, victim’s estate, or any other entity to which […]
§ 15A-1340.34 – Restitution generally.
15A-1340.34. Restitution generally. (a) When sentencing a defendant convicted of a criminal offense, the court shall determine whether the defendant shall be ordered to make restitution to any victim of the offense in question. For purposes of this Article, the term "victim" means a person directly and proximately harmed as a result of the defendant’s […]
§ 15A-1340.35 – Basis for restitution.
15A-1340.35. Basis for restitution. (a) In determining the amount of restitution, the court shall consider the following: (1) In the case of an offense resulting in bodily injury to a victim: a. The cost of necessary medical and related professional services and devices or equipment relating to physical, psychiatric, and psychological care required by the […]
§ 15A-1340.36 – (Effective until January 1, 2023) Determination of restitution.
15A-1340.36. (Effective until January 1, 2023) Determination of restitution. (a) In determining the amount of restitution to be made, the court shall take into consideration the resources of the defendant including all real and personal property owned by the defendant and the income derived from the property, the defendant’s ability to earn, the defendant’s obligation […]
§ 15A-1340.37 – Effect of restitution order; beneficiaries.
15A-1340.37. Effect of restitution order; beneficiaries. (a) An order providing for restitution does not abridge the right of a victim or the victim’s estate to bring a civil action against the defendant for damages arising out of the offense committed by the defendant. Any amount paid by the defendant under the terms of a restitution […]