S.P. 268 - L.D. 761
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §§1326-A to 1326-C are enacted to read:
§1326-A. 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. 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.
§1326-B. Income withholding order
1. 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;
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
C. Identify each amount sent to the agency by indicating the court's docket number.
2. The income withholding order is effective as long as the order for restitution upon which it is based is effective or until further order of the court.
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.
Sec. 2. 17-A MRSA §1330, sub-§1, as amended by PL 1997, c. 358, §1, is further amended to read:
1. Work program; payment of restitution and fines. No 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, unless the prisoner consents to pay at least 25% of the prisoner's gross weekly wages to the victim or the court until such time as full restitution has been made or the fine is paid in full. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall collect and disburse to the victim or victims that portion of the prisoner's wages agreed to as payment of restitution. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall also collect and disburse to the court that portion of the prisoner's wages agreed to as payment of fines after the restitution is paid in full. If the victim or victims ordered by the court to receive restitution have died or cannot be located, the correctional facility shall inform the court that ordered restitution. The court shall determine the distribution of these funds.
Sec. 3. 17-A MRSA §1330, sub-§2, as amended by PL 1997, c. 358, §2, is further amended to read:
2. Payment of restitution or fines from other sources. Any A prisoner, other than one addressed by subsection 1, who is able to generate money, from whatever source, shall pay 25% of that money to any victim or the court if the court has ordered that restitution or a fine be paid. The chief administrative officer of the correctional facility in which the prisoner is incarcerated shall collect and disburse to the victim or victims that portion of the prisoner's money ordered as restitution. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall also collect and disburse to the court that portion of the prisoner's money ordered as fines after the restitution is paid in full. If the victim or victims ordered by the court to receive restitution have died or can not be located, the correctional facility shall inform the court that ordered restitution. The court shall determine the distribution of these funds.
Effective September 18, 1999, unless otherwise indicated.
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