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Rule6-303. Collection of fines and restitution.

Intent:

To provide consistency in the collection of all fines andrestitution ordered by the District Court.

Applicability:

This rule shall apply to all District Courts, the Department ofCorrections and the Office of State Debt Collection.

Statementof the Rule:

(1) For criminal accounts receivable established after July 1,2021, the sentencing court shall maintain responsibility for receiving,processing, and distributing payments for the criminal accounts receivableuntil the account is satisfied or the account is transferred to OSDC pursuantto statute. For criminal accounts receivable established before July 1, 2021,any prior order of the sentencing court remains in effect.

(2) If a defendant fails to pay the amount of fines andrestitution ordered by the court pursuant to the payment schedule establishedby the court, the Department may file a progress/violation report with thecourt. The report shall contain any explanation concerning the defendant'sfailure to pay and a recommendation as to whether the defendant's probationshould be modified, continued, terminated or revoked or whether the defendantshould be placed on bench probation for the limited purpose of enforcing thepayment of fines or restitution.

(3) If the court orders the defendant placed on bench probationfor the purpose of enforcing the payment of fines and restitution, the courtshall notify the defendant of such order.

(4) The court shall transfer an account to the Office State DebtCollection for collection as required by statute.

 

EffectiveJanuary 1, 2022