§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, or participate in
an industry program under Title 34-A, section 1403, subsection 9 or any other program
administered by the Department of Corrections or a sheriff by which a prisoner is
able to generate money, unless the prisoner consents to pay at least 25% of the prisoner's
gross weekly wages or other money generated 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 or other
money generated 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 or other money generated
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.


[
2005, c. 506, §2 (AMD)
.]








2. Payment of restitution or fines from other sources. 
A prisoner, other than one addressed by subsection 1, who receives money, from any
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. Money received by the prisoner and directly deposited into a telephone
call account established by the Department of Corrections for the sole purpose of
paying for use of the department's client telephone system is not subject to this
subsection, except that 25% of any money received by the prisoner and transferred
from the telephone call account to the department's general client account at the
time of the prisoner's discharge or transfer to supervised community confinement must
be collected and disbursed as provided in this subsection.


[
2005, c. 506, §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:





A. The court order to pay restitution or fines constitutes a sentence or is imposed as
a condition of probation; [2011, c. 464, §26 (NEW).]










B. Payment has been stayed in the court order; [2011, c. 464, §26 (NEW).]










C. The court has specified a time and method of payment pursuant to section 1303, subsection
1 or section 1326-A; or [2011, c. 464, §26 (NEW).]










D. The person's incarceration resulted from a revocation of probation. [2011, c. 464, §26 (NEW).]







[
2011, c. 464, §26 (AMD)
.]





SECTION HISTORY

1983, c. 352, §4 (NEW).
1983, c. 793, §2 (AMD).
1987, c. 737, §§C32,C106 (AMD).
1989, c. 6, (AMD).
1989, c. 9, §2 (AMD).
1989, c. 104, §§C8,C10 (AMD).
1995, c. 534, §1 (AMD).
1997, c. 358, §§1,2 (AMD).
1997, c. 752, §30 (AMD).
1999, c. 469, §§2,3 (AMD).
2005, c. 506, §§2,3 (AMD).
2011, c. 464, §26 (AMD).