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.
mwallac2@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.
|
