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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 54. RESTITUTION
|
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Title 17-A - §1321. Purpose
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1321. Purpose
The Legislature finds and declares that the victims of crimes often suffer losses through no fault of their own and for which
there is no compensation. It also finds that repayment, in whole or in part, by the offender to the victim of his crime can
operate to rehabilitate the offender in certain instances. It is the purpose of this chapter to encourage the compensation
of victims by the person most responsible for the loss incurred by the victim, the offender. Restitution by the offender can
serve to reinforce the offender's sense of responsibility for the offense, to provide him the opportunity to pay his debt
to society and to his victim in a constructive manner, and to ease the burden of the victim as a result of the criminal conduct.
[1977, c. 455, §3 (new).]
div>
The Legislature recognizes that a crime is an offense against society as a whole, not only against the victim of the crime,
and that restitution for victims is therefore ancillary to the central objectives of the criminal law. It intends restitution
to be applied only when other purposes of sentencing can be appropriately served.
[1977, c. 455, §3 (new).]
div>
The Legislature does not intend the use of restitution to result in preferential treatment for offenders with substantial
financial resources.
[1977, c. 455, §3 (new).]
Section History:
PL 1977,
Ch. 455,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1322. Definitions
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1322. Definitions
As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings.
[1977, c. 455, §3 (new).]
1. Collateral source. "Collateral source" means a source of benefits or advantages for economic loss resulting from a crime, which the victim has
received, or which is readily available to him from:
A. The Government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality
of 2 or more states unless the law providing for the benefits or advantages makes them excess or secondary to benefits under
this chapter;
[1977, c. 455, §3 (new).]
B. Social security, Medicare and Medicaid;
[1977, c. 455, §3 (new).]
C. Workers' compensation;
[1987, c. 769, Pt. A, §56 (amd).]
D. Wage continuation programs of any employer;
[1977, c. 455, §3 (new).]
E. Proceeds of a contract of insurance payable to the victim for loss which he sustained because of the criminal conduct; or
[1977, c. 455, §3 (new).]
F. A contract providing prepaid hospital and other health care services or benefits for disability.
[1977, c. 455, §3 (new).]
[1987, c. 769, Pt. A, §56 (amd).]
2. Dependent. "Dependent" means a natural person who is wholly or partially dependent upon the victim for care or support and includes
a child of the victim born after his death.
[1977, c. 455, §3 (new).]
3. Economic loss. "Economic loss" includes economic detriment consisting of environmental clean-up expense, property loss, allowable expense,
work loss, replacement services loss and, if injury causes death, dependent's economic loss and dependent's replacement services
loss. Noneconomic detriment is not loss. Economic detriment is loss although caused by pain and suffering or physical impairment.
"Economic loss" includes expenses of an emergency response by any public agency and critical investigation expenses.
A. "Allowable expense" means reasonable charges incurred for reasonably needed products, services and accommodations, including
those for medical care, rehabilitation, rehabilitative occupational training, counseling services and other remedial treatment
and care, and nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing.
The term includes reasonable and customary charges incurred for expenses in any way related to funeral, cremation and burial.
It does not include that portion of a charge for a room in a hospital, clinic, convalescent or nursing home, or any other
institution engaged in providing nursing care and related services, in excess of a reasonable and customary charge for semiprivate
accommodations, unless other accommodations are medically required.
[1993, c. 305, §1 (rpr).]
A-1. "Critical investigation expense" means a necessary expense incurred by a government or by a victim while investigating or
prosecuting suspected criminal conduct. "Critical investigation expense" is limited to the cost of an audit or other financial
analysis when that analysis is necessary to determine whether and to what extent a victim has suffered financial harm from
criminal conduct by an employee or other person in a position of trust and the cost of analysis of suspected illegal drugs.
[2005, c. 447, §3 (new).]
B. "Dependent's economic loss" means loss after a decedent's death of contributions of things of economic value to the decedent's
dependents, not including services they would have received from the decedent if the decedent had not suffered the fatal injury,
less expenses of the dependents avoided by reason of decedent's death.
[1993, c. 305, §1 (rpr).]
C. "Dependent's replacement loss" means loss reasonably incurred by dependents after a decedent's death in obtaining ordinary
and necessary services in lieu of those the decedent would have performed for their benefit if the decedent had not suffered
the fatal injury, less expenses of the dependents avoided by reason of the decedent's death and not subtracted in calculating
dependent's economic loss.
[1993, c. 305, §1 (rpr).]
C-1. "Environmental clean-up expense" means any reasonable expense incurred for products and services needed to clean up any
harm or damage caused to the environment, including any harm or damage caused by chemicals; to restore the environment to
its previous condition prior to any harm or damage; and to properly dispose of chemicals and other materials, including those
used in the manufacture of scheduled drugs in violation of chapter 45.
[1993, c. 305, §1 (rpr).]
C-2. "Expense of an emergency response" means reasonable costs incurred by a public agency in reasonably making an appropriate
emergency response to the incident, but only includes those costs directly arising because of the response to the particular
incident. Reasonable costs include the costs of providing police, firefighting, rescue and emergency medical services at
the scene of the incident, as well as the compensation for the personnel responding to the incident. "Public agency" means
the State or any county, municipality, district or public authority located, in whole or in part, within this State that provides
or may provide police, firefighting, ambulance or other emergency services.
[1993, c. 305, §1 (new).]
D. "Property loss" means the value of property taken from the victim, or of property destroyed or otherwise broken or harmed.
A property loss includes the value of taxes or other obligations due to the government that have not been paid. "Property
loss" also includes, in cases involving a violation of chapter 45, the value of money or other consideration given or offered
in exchange for scheduled drugs by a law enforcement officer or another at the direction of a law enforcement officer that
are not, in fact, recovered by the State at the time of sentencing, regardless of whether other money or items of value are
sought, acquired or forfeited pursuant to Title 15, chapter 515. In cases involving a violation of chapter 45, the court
must make a finding that the property loss is specifically related to that case.
[1993, c. 305, §1 (rpr).]
E. "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those
the injured person would have performed, not for income but for the benefit of the injured person or the injured person's
family, if the injured person had not been injured.
[1993, c. 305, §1 (rpr).]
F. "Work loss" means loss of income from work the injured person would have performed if the injured person had not been injured
and expenses reasonably incurred by the injured person in obtaining services in lieu of those the injured person would have
performed for income, reduced by any income for substitute work actually performed by the injured person or by income the
injured person would have earned in available appropriate substitute work the injured person was capable of performing but
unreasonably failed to undertake.
[1993, c. 305, §1 (rpr).]
[2005, c. 447, §§2, 3 (amd).]
4. Noneconomic detriment. "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment and other nonpecuniary damage.
[1977, c. 455, §3 (new).]
5. Offender. "Offender" means any natural person or organization convicted of a crime.
[1987, c. 157, §3 (amd).]
6. Restitution. "Restitution" means:
A. Monetary reimbursement, in whole or in part, for economic loss;
[1977, c. 455, §3 (new).]
B. Work or service provided to a victim for economic loss; or
[1977, c. 455, §3 (new).]
C. Any combination of service or monetary reimbursement by an offender to the victim of his crime or to other authorized claimants,
either directly or indirectly.
[1977, c. 455, §3 (new).]
[1977, c. 455, §3 (new).]
7. Victim. "Victim" means a government that suffers economic loss or a person who suffers personal injury, death or economic loss as
a result of a crime or the good faith effort of any person to prevent a crime.
[1987, c. 157, §3 (amd).]
Section History:
PL 1977,
Ch. 455,
§3
(NEW).
PL 1987,
Ch. 157,
§3
(AMD).
PL 1987,
Ch. 769,
§A56
(AMD).
PL 1989,
Ch. 188,
§
(AMD).
PL 1989,
Ch. 872,
§5
(AMD).
PL 1989,
Ch. 924,
§13
(AMD).
PL 1991,
Ch. 394,
§
(AMD).
PL 1993,
Ch. 305,
§1
(AMD).
PL 2005,
Ch. 447,
§2,3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1323. Mandatory consideration of restitution
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1323. Mandatory consideration of restitution
1. Inquiry as to victim's financial loss. The court shall, whenever practicable, inquire of a prosecutor, law enforcement officer or victim with respect to the extent
of the victim's financial loss, and shall order restitution when appropriate. The order for restitution shall designate the
amount of restitution to be paid and the person or persons to whom the restitution will be paid.
[2005, c. 389, §3 (amd).]
2. Reasons for not imposing restitution. In any case where the court determines that restitution should not be imposed in accordance with the criteria set forth in
section 1325, the court shall state in open court or in writing the reasons for not imposing restitution.
[1983, c. 352, §3 (rpr).]
3. Restitution required. In any prosecution for a crime committed prior to the effective date of this chapter, or any amendment to this chapter,
the court may, with the consent of the defendant, require the defendant to make restitution in accordance with this chapter
as amended.
[1987, c. 157, §4 (new).]
Section History:
PL 1977,
Ch. 455,
§3
(NEW).
PL 1983,
Ch. 352,
§3
(RPR).
PL 1983,
Ch. 793,
§1
(AMD).
PL 1987,
Ch. 157,
§4
(AMD).
PL 2005,
Ch. 389,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1324. Authorized claimants
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1324. Authorized claimants
Restitution may be authorized for:
[1977, c. 455, § 3 (new).]
1. Victim. The victim or a dependent of a deceased victim;
[1977, c. 455, § 3 (new).]
2. County. The county where the offense was prosecuted if the victim voluntarily refuses restitution or if the identity of the victim
cannot be ascertained;
[1977, c. 455, § 3 (new).]
3. Person providing recovery. Any person, firm, organization, corporation or government entity which has provided recovery to the victim as a collateral
source, but only to the extent that such recovery was actually made; and
[1977, c. 455, § 3 (new).]
4. Person acting on behalf of victim. Any person legally authorized to act on behalf of the victim.
[1977, c. 455, § 3 (new).]
Section History:
PL 1977,
Ch. 455,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1325. Criteria for restitution
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1325. Criteria for restitution
1. Restitution authorized. Restitution may be authorized, in whole or in part, as compensation for economic loss. In determining the amount of restitution
authorized, the following shall be considered:
A. The contributory misconduct of the victim;
[1977, c. 455, §3 (new).]
B. Failure to report the crime to a law enforcement officer within 72 hours after its occurence, without good cause for failure
to report within that time; and
[1977, c. 455, §3 (new).]
C. The present and future financial capacity of the offender to pay restitution.
[1997, c. 413, §1 (amd).]
[1997, c. 413, §1 (amd).]
2. Restitution not authorized. Restitution shall not be authorized:
A. To a victim without that victim's consent;
[1977, c. 455, §3 (new).]
B. To a victim who is an accomplice of the offender;
[1977, c. 455, §3 (new).]
C. To a victim who has otherwise been compensated from a collateral source, but economic loss in excess of the collateral compensation
may be authorized; and
[1977, c. 455, §3 (new).]
D. When the amount and method of payment of monetary restitution or the performance of service restitution creates an excessive
financial hardship on the offender or dependent of the offender. In making this determination, all relevant factors must be
considered, including, but not limited to the following:
(1) The number of the offender's dependents;
(2) The minimum living expenses of the offender and the offender's dependents;
(3) The special needs of the offender and the offender's dependents, including necessary travel expense to and from work;
(4) The offender's present income and potential future earning capacity; and
(5) The offender's resources, from whatever source.
[1997, c. 413, §2 (amd).]
[1997, c. 413, §2 (amd).]
3. Exception. The provisions of subsection 2, paragraph D, do not apply to an offender which is an organization.
[1987, c. 157, §5 (new).]
4. Burdens of proof. An offender who asserts a present or future incapacity to pay restitution has the burden of proving the incapacity by a
preponderance of the evidence. On appeal of a restitution order, the offender has the burden of demonstrating that the incapacity
was proven as a matter of law.
[1997, c. 413, §3 (new).]
Section History:
PL 1977,
Ch. 455,
§3
(NEW).
PL 1987,
Ch. 157,
§5
(AMD).
PL 1997,
Ch. 413,
§1-3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1326-A. Time and method of restitution
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§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.
[1999, c. 469, §1 (new).]
Section History:
PL 1999,
Ch. 469,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1326-B. Income withholding order
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§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;
[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).]
[1999, c. 469, §1 (new).]
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.
[1999, c. 469, §1 (new).]
Section History:
PL 1999,
Ch. 469,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1326-C. Deceased victims
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1326-C. Deceased victims
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.
[1999, c. 469, §1 (new).]
Section History:
PL 1999,
Ch. 469,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1326-D. Victim unable to be located
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1326-D. Victim unable to be located
If the location of a victim can not, with due diligence, be ascertained, the money collected as restitution must be forwarded
to the Treasurer of State to be handled as unclaimed property.
[2003, c. 706, Pt. A, §7 (new).]
Section History:
PL 2003,
Ch. 706,
§A7
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1326-E. Joint and several order
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1326-E. Joint and several order
If the victim's financial loss has been caused by more than one offender, the order must designate that the restitution is
to be paid on a joint and several basis, unless the court specifically determines that one defendant should not equally share
the burden. The agency collecting restitution pursuant to a joint and several order may, after the full amount of restitution
has been collected and disbursed to the victim, continue to collect payments from an offender who has not paid an equal share
of the restitution and may disburse the money collected to any other offender who has paid more than an equal share of the
restitution.
[2005, c. 389, §4 (new).]
Section History:
PL 2005,
Ch. 389,
§4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1326. Time and method of restitution (REPEALED)
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1326. Time and method of restitution (REPEALED)
Section History:
PL 1977,
Ch. 455,
§3
(NEW).
PL 1991,
Ch. 90,
§
(AMD).
PL 1991,
Ch. 816,
§1
(AMD).
PL 1993,
Ch. 147,
§1
(AMD).
PL 1995,
Ch. 502,
§F16
(AMD).
PL 1999,
Ch. 790,
§D6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1327. Restitution deducted from judgment in civil action
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1327. Restitution deducted from judgment in civil action
Any restitution ordered and paid shall be deducted from the amount of any judgment awarded in a civil action brought by the
victim against the offender based on the same facts. If the restitution ordered and made was work restitution, the reasonable
value of the services may be deducted from any such judgment.
[1977, c. 455, § 3 (new).]
Section History:
PL 1977,
Ch. 455,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1328-A. Modification of restitution
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1328-A. Modification of restitution
A convicted person who can not make restitution payments in the manner ordered by the court shall move the court for a modification
of the time or method of payment or service to avoid a default. The court may modify its prior order to reduce the amount
of each installment or to allow additional time for payment or service.
[1997, c. 413, §5 (new).]
Section History:
PL 1997,
Ch. 413,
§5
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1328. Postconviction relief
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1328. Postconviction relief
If, in any judicial proceeding following conviction, a court issues a final judgment invalidating the conviction, the judgment
may include an order that any or all of a restitution payment that the convicted person paid pursuant to the sentence for
that conviction be returned to the convicted person.
[1997, c. 413, §4 (new).]
1. Petition.
[1997, c. 413, §4 (rp).]
2. Final judgment.
[1997, c. 413, §4 (rp).]
Section History:
PL 1977,
Ch. 455,
§3
(NEW).
PL 1997,
Ch. 413,
§4
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1329. Default
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1329. Default
1. Return to court. An offender who has been sentenced to make restitution and has defaulted in payment or service thereof shall be returned
to court for further disposition.
[1981, c. 360 (new).]
2. Reports. A probation officer having knowledge of a default in restitution by an offender shall report the default to the office of
the attorney for the State. An attorney for the State having knowledge of a default in restitution by an offender shall report
the default to the court. If the restitution was a condition of probation, the attorney for the State may file a motion to
enforce payment of restitution or, with the written consent of the probation officer, a motion to revoke probation under section
1205. If the restitution was not a condition of probation, the attorney for the State may file a motion to enforce payment
of restitution.
[1997, c. 413, §6 (amd).]
3. Motion to enforce payment of restitution. Either the attorney for the State or the court may initiate a motion to enforce payment of restitution. Notification for
the hearing on the motion must be sent by regular mail to the offender's last known address. If the offender does not appear
for the hearing after proper notification has been sent, the court may issue a bench warrant.
A. Unless the offender shows by a preponderance of the evidence that the default was not attributable to an intentional or
knowing refusal to obey the court's order or to a failure on the offender's part to make a good-faith effort to obtain the
funds required to make payment, the court shall find that the default was unexcused and may commit the offender to the custody
of the sheriff until all or a specified part of the restitution is paid. The length of confinement in a county jail for unexcused
default must be specified in the court's order and may not exceed one day for every $5 of unpaid restitution or 6 months,
whichever is shorter. An offender committed for nonpayment of restitution is given credit toward the payment of restitution
for each day of confinement that the offender is in custody, at the rate specified in the court's order. The offender is
also given credit for each day that the offender has been detained as the result of an arrest warrant issued pursuant to this
section. An offender is responsible for paying any restitution remaining after receiving credit for confinement and detention.
A default on the remaining restitution is also governed by this section.
[1997, c. 413, §7 (new).]
B. If it appears that the default is excusable, the court may give the offender additional time for payment or may reduce the
amount of each installment.
[1997, c. 413, §7 (new).]
C. The confinement ordered under this subsection must be nonconcurrent with any judgment of conviction involving a term of
imprisonment.
[1999, c. 367, §7 (new).]
[1999, c. 367, §7 (amd).]
4. Collection. Upon any default, execution may be levied and other measures authorized for the collection of unpaid civil judgments may
be taken to collect the unpaid restitution. A levy of execution does not discharge an offender confined to a county jail
under subsection 3 for unexcused default until the full amount of the restitution has been collected.
[1997, c. 413, §7 (new).]
5. Organizations. When restitution is imposed on an organization, the person or persons authorized to make disbursements from the assets of
the organization shall pay the restitution from the organization's assets. Failure to do so may subject the person or persons
to court action pursuant to this section.
[1997, c. 413, §7 (new).]
Section History:
PL 1981,
Ch. 360,
§
(NEW).
PL 1989,
Ch. 502,
§D15
(AMD).
PL 1997,
Ch. 413,
§6,7
(AMD).
PL 1999,
Ch. 367,
§7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1330-A. Waiver of issue of excessiveness
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1330-A. Waiver of issue of excessiveness
If a defendant at the time of sentencing has consented to the imposition by the sentencing court of a specific amount of restitution,
the defendant is thereafter precluded from seeking to attack the legality or propriety of the amount of restitution ordered
if that amount does not exceed the specific amount consented to by the defendant.
[1997, c. 30, §1 (new).]
Section History:
PL 1997,
Ch. 30,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1330-B. Restitution for benefit of victim
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1330-B. Restitution for benefit of victim
When compensation is awarded from the Victims' Compensation Fund pursuant to Title 5, chapter 316-A, the amount of any restitution
ordered to be paid to or for the benefit of the victim and collected as part of a sentence imposed must be paid by the agency
collecting the restitution in an amount not to exceed the amount of the payments from the fund, directly to the fund if, when
added to the payments from the fund, the restitution exceeds the victim's actual loss.
[2003, c. 243, §6 (new).]
Section History:
PL 2003,
Ch. 243,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §1330. Work program release; restitution
Title 17-A: MAINE CRIMINAL CODE
Part 3:
Chapter 54: RESTITUTION
§1330. Work program release; restitution
1. Work program; payment of restitution and fines. 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 cannot be located, the correctional
facility shall inform the court that ordered restitution. The court shall determine the distribution of these funds.
[1999, c. 469, §2 (amd).]
2. Payment of restitution or fines from other sources. 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 can
not be located, the correctional facility shall inform the court that ordered restitution. The court shall determine the distribution
of these funds.
[1999, c. 469, §3 (amd).]
3. Restitution; absolute. The requirements imposed on a prisoner by this section to pay restitution and fines during incarceration apply regardless
of whether the court order to pay restitution or fines constitutes a sentence or is imposed as a condition of probation, regardless
of whether payment has been stayed in the court order and regardless of whether the prisoner's incarceration resulted from
a revocation of probation.
[1997, c. 752, §30 (new).]
Section History:
PL 1983,
Ch. 352,
§4
(NEW).
PL 1983,
Ch. 793,
§2
(AMD).
PL 1987,
Ch. 737,
§C32,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 1995,
Ch. 534,
§1
(AMD).
PL 1997,
Ch. 358,
§1,2
(AMD).
PL 1997,
Ch. 752,
§30
(AMD).
PL 1999,
Ch. 469,
§2,3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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