§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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. […]
§2014. Modification of restitution A convicted person who cannot make restitution payments in the manner ordered by the court or determined by the Department of Corrections pursuant to section 2006 shall move the court for a modification of the time or method of payment or service to avoid a default. The court may modify its […]
§2015. Default 1. Return to court. An offender who has been sentenced to make restitution and has defaulted in payment or service thereof must be returned to court to explain the failure to pay or perform the service. [PL 2019, c. 113, Pt. A, §2 (NEW).] 2. Reports. A probation officer having […]
§2016. Work program release; restitution 1. Work program; payment of restitution and fines. A prisoner who has been ordered to pay restitution or fines may not be released pursuant to a work program administered by the Department of Corrections under Title 34‑A, section 3035, or a sheriff under Title 30‑A, section 1605, or participate […]
§2017. Waiver of issue of excessiveness If a defendant at the time of sentencing has consented to the imposition by the sentencing court of a specific amount of restitution, the defendant is thereafter precluded from seeking to attack the legality or propriety of the amount of restitution ordered if that amount does not exceed the […]
§2018. Restitution for benefit of victim When compensation is awarded from the Victims’ Compensation Fund pursuant to Title 5, chapter 316‑A or the Victims’ Property Compensation Fund pursuant to Title 5, chapter 316‑C, the amount of any restitution ordered to be paid to or for the benefit of the victim and collected as part of […]
§2019. Civil remedy upon default Upon the request of the attorney for the State or a person entitled to restitution under an order of restitution, the clerk shall enter the order of restitution in the same manner as a judgment in a civil action. When entered under this section, the order of restitution is deemed […]
