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Below are the collections infrastructure provisions that meet your search criteria.
9 Results
State | Statute | Description/Statute Name | Statutory language | |
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Alaska | Alaska Stat. Ann. § 12.55.051(e)-(h) | Enforcement of Fines and Restitution |
(e) The Department of Law is authorized to collect restitution on behalf of the recipient unless(1) the recipient elects as provided in (f) of this section to enforce the order of restitution without the assistance of the Department of Law; or (2) the order requires restitution to be made in a form other than payment of a specific dollar amount.
(f) The court shall forward a copy of an order of restitution to the Department of Law when the judgment is entered. Along with the copy of the order, the court shall provide the name, date of birth, social security number, and current address of the recipient of the restitution and the defendant, to the extent that the court has that information in its possession. Upon receipt of the order and other information from the court, the Department of Law shall send a notice to the recipient regarding the recipient's rights under this section, including the right to elect to enforce the order of restitution without the assistance of the Department of Law. The information provided to the Department of Law under this subsection is confidential and is not open to inspection as a public record under AS 40.25.110. The Department of Law or its agents may not disclose the information except as necessary to collect on the restitution. (g) The Department of Law may not begin collection procedures on the order of restitution until the recipient has been given notice and has been given 30 days after receipt of notice to elect to collect the restitution without the assistance of the Department of Law. A recipient may inform the Department of Law at a later time of the recipient's election to collect the restitution without the assistance of the Department of Law; upon receipt of that information, the Department of Law may no longer proceed with collection efforts on behalf of the recipient. A recipient who has elected under this section to collect restitution without the assistance of the Department of Law may not later request the services of that department to collect the restitution. (h) If the Department of Law or its agents proceed to collect restitution on behalf of a recipient under (g) of this section, the actions of the Department of Law or an agent of the Department of Law on behalf of the recipient do not create an attorney-client relationship between the Department of Law and the recipient. The Department of Law or its agents may not settle a judgment for restitution without the consent of the recipient of the restitution. |
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Alaska | Alaska Stat. Ann. § 12.55.051(j) | Enforcement of Fines and Restitution |
(j) The Department of Law may enter into contracts on behalf of the state to carry out the collection procedures of this section. The Department of Law may adopt regulations necessary to carry out the collection procedures of this section, including the reimbursement of attorney fees and costs in appropriate cases.
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Hawaii | Haw. Rev. Stat. 706-641 | Criteria for imposing fines |
(1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, except in misdemeanor and petty misdemeanor cases. (2) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless: (a) The defendant has derived a pecuniary gain from the crime; or (b) The court is of the opinion that a fine is specially adapted to the deterrence of the crime involved or to the correction of the defendant.
(3) The court shall not sentence a defendant to pay a fine unless: (a) The defendant is or will be able to pay the fine; and (b) The fine will not prevent the defendant from making restitution to the victim of the offense. (4) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. |
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Hawaii | Haw. Rev. Stat. 601-17.5 | Collection of delinquent court-ordered payments |
The judiciary may contract with a collection agency bonded under chapter 443B or with a licensed attorney to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs, including juvenile monetary assessments. Any fees or costs associated with the collection efforts shall be added to the amount due and retained by the collection agency as its payment; provided that no fees or costs shall exceed fifty per cent of the amount collected.
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Hawaii | Haw. Rev. Stat. § 706-642 | Time and method of payment |
(1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the fine shall be payable forthwith by cash, check, or by a credit card approved by the court.
(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation. (3) When a defendant sentenced to pay a fine is also ordered to make restitution or reparation to the victim or victims, or to the person or party who has incurred loss or damage because of the defendant's crime, the payment of restitution or reparation shall have priority over the payment of the fine, pursuant to section 706-651. No fine shall be collected until the restitution or reparation order has been satisfied. |
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North Dakota | N.D. Cent. Code § 12.1-32-02.2(1) | Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected |
The clerk of court may establish an account within which to deposit repayments of rewards and at least quarterly shall pay over to each qualified local program the sums that + See morehave been collected for the benefit of that program.
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North Dakota | N.D. Cent. Code § 12.1-32-08(2) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
The state-employed clerks of district court shall remit the funds collected as costs under this subsection to the state treasurer for deposit in the restitution collection assistance fund. The funds + See moredeposited into the restitution collection assistance fund are appropriated to the judicial branch on a continuing basis for the purpose of defraying expenses incident to the collection of restitution, including operating expenses and the compensation of additional necessary personnel. The state's attorneys and county-employed clerks of district court shall remit the funds collected as costs under this subsection to the county treasurer to be deposited in the county general fund
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North Dakota | N.D. Cent. Code § 27-01-10(3) | Fee assessments for funding crime victim and witness programs |
All fees paid to a district or municipal court under this section must be deposited monthly in the county or city treasury for allocation by the governing body of the + See morecounty or city to one or more of the following programs as determined by the governing body: a. A private, nonprofit domestic violence or sexual assault program. b. A victim and witness advocacy program of which the primary function is to provide direct services to victims of and witnesses to crime.
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North Dakota | N.D. Cent. Code § 54-23.3-04 | Director--Powers and duties |
The director of the department of corrections and rehabilitation has the following powers and duties: . . . 15. To collect costs and fees from persons on correctional supervision for + See morethe supervision services, control devices, and programs as implemented by the department to assist in making community corrections an effective alternative to incarceration. A person on active supervision is presumed able to pay assessed fees unless the director, giving due consideration to the fiscal obligations and resources of the probationer, determines otherwise. A person with the ability to pay assessed fees who refuses to pay must be returned to the court for a judicial determination. In addition to any other remedies allowed by law, the department may enforce and collect any unpaid supervision costs and fees imposed as a condition of parole, probation, or under a program implemented under this section in a civil judgment entered by a district court of this state and may employ licensed collection agencies to enforce and collect any unpaid supervision costs and fees. 16. To collect the costs of any presentence investigation and report incurred under subsection 11 of section 12.1-32-02, giving due consideration to the financial obligations and resources of the defendant.
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