LD 761
pg. 1
LD 761 Title Page An Act to Improve the Collection of Restitution Page 2 of 3
Download Bill Text
LR 1073
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 17-A MRSA §1326, as amended by PL 1995, c. 502, Pt. F, §16,
is further amended to read:

 
§1326. Time and method of restitution

 
When restitution is authorized, the time and method of payment
or of the performance of the services must be specified. Except
when the offender is placed on probation, monetary compensation
may be ordered paid to the office of the prosecuting attorney who
is prosecuting the case or to the clerk of the court. If the
offender is placed on probation, the compensation may be ordered
paid to the Department of Corrections. The state agency
receiving the restitution shall deposit any money received in the
account maintained by the Treasurer of State for deposit of state
agency funds, from which funds are daily transferred to an
investment account and invested. Interest accrued on that money
is the property of and accrues to the State for deposit in the
General Fund collected by the state agency must be deposited into
the Other Special Revenue - Administration account within the
Department of Corrections. The agency receiving the restitution
shall make the disbursement to the victim or other authorized
claimant as soon as possible after the agency receives the money.
If the compensation is paid to the Department of Corrections, the
office of the prosecuting attorney who prosecuted the case may
request that the Commissioner of Corrections direct that the
compensation be forwarded to the office of the prosecuting
attorney, which shall make the disbursement to the victim or
other authorized claimant as soon as possible.

 
Sec. 2. 17-A MRSA §§1326-A and 1326-B are enacted to read:

 
§1326-A.__Income withholding order

 
1.__Restitution required.__When restitution is required of an
offender who will not be commencing service of a period of
institutional confinement and who is employed, the court shall,
at the time of ordering restitution, enter a separate order for
income withholding.__The withholding order must direct the
employer to deduct from all income due and payable to the
offender an amount required by the court to meet the offender's
restitution obligation.__The withholding order must include an
instruction to the employer that upon receipt of a copy of the
withholding order the employer shall:

 
A.__Immediately begin to withhold the offender's income when
the offender is usually paid;


LD 761 Title Page Top of Page Page 2 of 3