SB 500

This bill makes changes to the procedures for providing restitution to victims

of crime. Under current law, when a court imposes a sentence on a defendant for the

commission of a crime, the court may order the defendant to make full or partial

restitution to any victim of a crime considered at sentencing (or his or her estate, if

the victim is deceased). A court may require the defendant to pay the amount ordered

immediately, to pay the amount ordered in full by a particular date, or to make

specified payments. Under current law, restitution may be collected from the

defendant by the clerk of courts or, if the defendant is under the supervision of the

Department of Corrections (DOC), by DOC.

If the defendant still owes unpaid restitution at the time he or she has

completed his or her sentence and is no longer supervised by DOC, the victim who

is owed restitution may collect payments by garnishing wages earned by the

defendant. Under current law, a garnishment order lasts for 13 weeks, after which

time it may be renewed for additional 13-week periods until the restitution is paid

in full.

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.