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 Arizona
Department
of
Corrections
is bound
under ARS
31-254 to
take 30% of
an inmate’s
wages for
court-ordered
restitution.
This must be
specifically
ordered by
the court.
Income from
any source
outside of
the inmate’s
wages is not
subject to
the 30%
restitution
withholding.
-
Restitution
must be
court
ordered
and
state
that the
offender
pays
restitution
while
incarcerated.
-
If
an
inmate
is not
working
due to
medical
issues,
custody
level or
unavailability
of jobs,
then
restitution
cannot
be
taken.
-
Inmates
usually
earn
between
.05 and
.50
cents
per hour
and not
all jobs
are 8
hour a
day. 30%
of the
average
inmates’
wages
are
between
$1 and
$6 per
month.
-
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.
gmang@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.
Please
keep your
address
current with
the
Clerk of
Court in
the county
of
sentencing.
Arizona
provides
financial
assistance
to victims
of crime
through the
Victim
Compensation
Program.
This program
assists the
victim of a
crime or a
person who
becomes a
victim while
attempting
to prevent
or apprehend
persons
committing
or
attempting
to commit a
crime.
Victim
Compensation
overview
-
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.
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