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).
Data for this page extracted on 10/06/2014 08:46:31.
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