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 separate order for income withholding. When restitution is required of an offender who receives a sentence that includes
a period of probation and who is employed, upon application of the offender's probation
officer, the court shall 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 determined pursuant to section 1326-A 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; [1999, c. 469, §1 (NEW).]
B. Send each amount withheld to the agency to which restitution has been ordered to be
paid at the address set forth in the order within 7 business days of the withholding;
and [1999, c. 469, §1 (NEW).]
C. Identify each amount sent to the agency by indicating the court's docket number. [1999, c. 469, §1 (NEW).]
2009, c. 608, §13 (AMD)
The income withholding order is effective as long as the order for restitution upon
which it is based is effective, including after a defendant is no longer in the custody or under the supervision
of the Department of Corrections and has not paid the restitution in full as described
in section 1326-F, or until further order of the court.
2011, c. 464, §24 (AMD)
1999, c. 469, §1 (NEW).
2009, c. 608, §13 (AMD).
2011, c. 464, §24 (AMD).
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