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

 
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.__Income withholding order.__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.

 
§1326-B.__Missing victims

 
If the victim or victims ordered by the court to receive
restitution have died or cannot be located, the offender's
obligation to pay the restitution ordered may not be affected.__
The money collected as restitution must be deposited in the
Victims' Compensation Fund established in Title 5, chapter 316-A.__
A victim or victims who are subsequently located may apply to the
Victims' Compensation Board for disbursement of restitution
deposited in the fund no later than one year after the deposit.

 
Sec. 3. 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
prisoner who has been ordered to pay restitution or fines may 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.


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