Restitution

ARS 13-603 (C) requires the courts to order convicted persons to pay restitution for victims' out-of-pocket losses that are directly related to the crime (consequential losses or damages are not covered).

The Legislature has recently changed the statutory scheme regarding ADC's collection of inmates' court-ordered victim restitution payments.  Previously, ARS 31-254, which sets out mandatory deductions from compensation paid to inmates for labor, required the ADC director to deduct a certain percentage of an inmate's wages for restitution.  In 2007, the Legislature deleted the provision for restitution deduction from ARS 31-254 and amended ARS 31-230 to require the director to withdraw a minimum of twenty percent up to a maximum of fifty percent of the monies available in an inmate's spendable account each month to pay court-ordered restitution. 

• Restitution must be court ordered and state that the offender pays restitution while incarcerated.
• Typically, the Clerk of Court will not send a restitution check to the victim unless it is at least $10.00
• Many offenders have several victims that restitution is split between
• An inmate must be serving the sentence on the case for which the restitution was ordered.

• Once the defendant has been ordered to pay restitution, the victim can file a restitution lien. There are both advantages and disadvantages to filing a lien. If you would like further information in order to decide if a lien is right for you, please contact our victim advocate.

  azvictims@azcorrections.gov

 


• Restitution lien - (ARS 13-806)
  Victim files on their own. The victim becomes the lien holder and is responsible for releasing the lien once the restitution is paid in full. This is a civil judgment that can be filed against the defendant’s property or future property.
• Criminal Restitution Order - (ARS 13-805)
  The court files this only upon the absolute release from custody of the Department of Corrections (including community supervision) or upon release from probation. This lien is not only against the defendant’s property but can also intercept Arizona Income Tax Refunds, lottery winnings, excess from trustee sales and civil judgment awards. Under some circumstances, wages may also be garnished.

Victim Compensation

• Victim Compensation overview
• You must complete an application. The process may take up to three months from the time of submission and approval of award is not guaranteed.
• Victim Compensation may help pay for medical expenses, mental health counseling, funeral expenses and loss of wages.
• Victim Compensation cannot pay for property loss and damage, pain and suffering, expenses that would benefit an offender or a person serving a sentence of imprisonment.
• A crime must be reported to a police agency within 72 hours of discovery of the crime, unless good cause is shown to justify the delay. A claim must be submitted within two years of the crime, unless good cause is shown for the delay. A victim must be willing to fully cooperate with law enforcement.
• Applications [Compensation Application 1] OR [Compensation Application 2] must be filed with the County Attorney's Office in the county that the crime was committed.