63M-7-503 - Restitution -- Reparations not to supplant restitution -- Assignment of claim for restitution judgment to Reparations Office.
63M-7-503. Restitution -- Reparations not to supplant restitution -- Assignment ofclaim for restitution judgment to Reparations Office.
(1) A reparations award may not supplant restitution as established under Title 77,Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
(2) The court may not reduce an order of restitution based on a reparations award.
(3) If, due to reparation payments to a victim, the Office of Crime Victim Reparations isassigned under Section 63M-7-519 a claim for the victim's judgment for restitution or a portionof the restitution, the office may file with the sentencing court a notice of the assignment. Thenotice of assignment shall be signed by the victim and a reparations officer and shall state theamount of the claim assigned.
(4) Upon conviction and sentencing of the defendant, the court shall enter a civiljudgment for complete restitution as provided in Section 77-38a-401 and identify the office asthe assignee of the assigned portion of the judgment.
(5) If the notice of assignment is filed after sentencing, the court shall modify the civiljudgment for restitution to identify the office as the assignee of the assigned portion of thejudgment.
Amended by Chapter 339, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session