Restitution owed to victims of crime

Under current law, DOC may collect from a prisoner a portion of the wages a prisoner earns and a portion of other moneys held by the prisoner in order to pay restitution if a court orders DOC to do so. Additionally, under current law, DOC is required to collect a fee from certain probationers, parolees, and persons on extended supervision to reimburse DOC partially for its costs in providing supervision and services (supervision fees). Currently, DOC may certify to the Department of Revenue (DOR) any amount a person owes toward supervision fees so that DOR may withhold that amount from any state tax refund the person receives.

This bill allows DOC to charge, but prohibits DOC from collecting, a reimbursement fee from a probationer, parolee, or person on extended supervision unless all restitution payments due from the person have been paid by the time the reimbursement fee is collected. Additionally, the bill requires a court to order a defendant to authorize DOC to withhold a portion of any wages earned or any other moneys held by the defendant while he or she is in prison in order to pay restitution.

Under the bill, if restitution remains unpaid and a victim seeks garnishment of a defendant's wages, any garnishment order remains in place until the restitution is paid in full. Additionally, under the bill, if a defendant fails to make restitution payment in full within the time period ordered by the court, or if the defendant is delinquent in making payments toward restitution as ordered, the clerk of courts or DOC may certify to DOR the amount of restitution owed, and DOR may withhold that amount from any state tax refund the defendant receives. The bill also requires DOC and any clerk of court that collects restitution to submit an annual report to the legislature that sets forth the amounts of restitution it collects each year.