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> Probation - FAQs - Restitution

Freqently Asked Questions about Restitution

  1. When does the Probation Department become involved with collecting restitution owed to me?
  2. When can I expect to receive payment?
  3. What if a defendant is sentenced to incarceration and ordered to pay restitution?
  4. What if there is more than one defendant ordered to pay restitution toward my loss?
  5. What if I move?
  6. What happens if a defendant is released from probation before I am fully reimbursed?
  7. What if a defendant moves to another county?
  8. What happens if a victim dies before being fully reimbursed?

 

1.  When does the Probation Department become involved with collecting restitution owed to me?
When a defendant is court ordered to pay restitution, it must be ordered payable through the Probation Department. Once we receive the order, an account is opened and collection procedures begin. The victim who is named in the order will receive an opening letter outlining the amount awarded to them and the due date by which the defendant is to pay in full.

2.  When can I expect to receive payment?
Disbursements shall be made on a monthly basis. This will usually occur by the tenth of the month. However, in the case of severe hardship, a sooner disbursement may be approved by the Probation Administrator

3.  What if a defendant is sentenced to incarceration and ordered to pay restitution?
If a defendant receives a sentence of state incarceration and is ordered to pay restitution through the Probation Department, a letter is sent to the Correctional Facility to place a lien on any monies the defendant earns or receives while incarcerated. These monies are released by the facility once the obligation is either paid in full or the defendant is released from custody. After a defendant is released from custody, this department continues its efforts to collect on any remaining balance owed to a victim.

If a defendant receives a sentence of local incarceration and is ordered to pay restitution through the Probation Department, we begin collection efforts once the defendant is released.

4.  What if there is more than one defendant ordered to pay restitution toward my loss?
When there is more than one defendant involved in committing a crime and each are ordered to pay restitution, the Court may hold them jointly and severally liable for the full amount of restitution. This means that you may receive payments from several different individuals toward your loss until you have been fully reimbursed.

5.  What if I move?
If you change addresses before you are fully reimbursed, you need to contact the Probation Department either by phone, mail or email. Please provide your previous address and your new address in any correspondence.

6.  What happens if a defendant is released from probation before I am fully reimbursed?
When a case is closed and the victim has not been satisfied, the name of the unsatisfied victim shall be placed in a pool of unsatisfied victims. Interest payments and restitution which cannot be disbursed to named victims shall be disbursed to this pool of victims. Victims will remain eligible as long as they have not fully recouped their loss by any other means such as capital loss on their income taxes, reimbursement from insurance, or reimbursement from the Crime Victim's Board.

So, if you are a victim and have not been fully reimbursed, and have been notified that we are closing our interest in a case, it is very important that you continue to keep your address up to date so that we are able to locate you when your name is reached.

7.  What if a defendant moves to another county?
The receiving probation department will be provided with the status of the restitution. Once the transfer has been completed, our interest in the case is closed. The defendant will then be required to make payments in the county where they are supervised. This department will notify you that the defendant has transferred to another county and you will be provided with the contact information for that probation department.

8.  What happens if a victim dies before being fully reimbursed?
The defendant is still liable to pay the ordered amount. The payment will be issued to the estate of the victim.

 

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