§ 12-19-34 - Priority of restitution payments to victims of crime.
SECTION 12-19-34
§ 12-19-34 Priority of restitutionpayments to victims of crime. – (a) If a person, pursuant to §§ 12-19-32, 12-19-32.1, or 12-19-33, isordered to make restitution in the form of monetary payment the court may orderthat it shall be made through the administrative office of state courts whichshall record all payments and pay the money to the person injured in accordancewith the order or with any modification of the order; provided, in caseswhere court ordered restitution totals less than two hundred dollars ($200)payment shall be made at the time of sentencing if the court determines thatthe defendant has the present ability to make restitution.
(2) Payments made on account when both restitution to athird-party is ordered, and court costs, fines, and fees, and assessmentsrelated to prosecution are owed, shall be disbursed by the administrativeoffice of the state courts in the following priorities:
(i) court ordered restitution payments to person injureduntil such time as the court's restitution is fully satisfied; and
(ii) court costs, fines, fees, and assessments related toprosecution after the full payment of restitution.
(3) Notwithstanding any other provision of law, any interestwhich has been accrued by the restitution account in the central registry shallbe deposited on a regular basis into the violent crime indemnity fund,established by chapter 25 of this title. In the event that the office of theadministrator of the state courts cannot locate the person or persons to whomrestitution is to be made, the principal of the restitution payment shall bedeposited into the general fund.
(b) The state is authorized to develop rules and/orregulations relating to assessment, collection, and disbursement of restitutionpayments when any of the following events occur:
(1) The defendant is incarcerated or on home confinement butis able to pay some portion of the restitution; or
(2) The victim dies before restitution payments are completed.
(c) The state may maintain a civil action to place a lien onthe personal or real property of a defendant who is assessed restitution, aswell as to seek wage garnishment, consistent with state and federal law.