An Act Regarding Payments to Recipients of Restitution
Maine Legislature, Session 131, LD 1014
Committee: Criminal Justice and Public Safety
Sponsors: MURPHY, JAUCH, TERRY, WARREN
Amends: 15 MRSA §5826, 17-A MRSA §1707, 17-A MRSA §1708, 17-A MRSA §1854, 17-A MRSA §2004, 17-A MRSA §2006, 17-A MRSA §2011, 17-A MRSA §2015

Legislative Document
No. 1014
H.P. 650
House of Representatives, March 7, 2023
An Act Regarding Payments to Recipients of Restitution
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MURPHY of Scarborough.
Cosponsored by Representatives: JAUCH of Topsham, TERRY of Gorham, WARREN of 
Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §5826, sub-§6, as amended by PL 2019, c. 97, §6, is further 
amended to read:
6.  Final order of disposition of property; public education campaign.  Following 
the entry of a verdict of forfeiture of property pursuant to this section or the entry of a guilty 
plea in open court on the record and following the court's disposition of all petitions for 
hearing timely filed by 3rd parties, the State has clear title to property that is the subject of 
the indictment, information or complaint.  The final order must provide for the deposit of 
the property or the proceeds from the disposition of the property, less any outstanding 
restitution, which must be sent to the office of the attorney for the State who prosecuted the 
case, then the reasonable expenses of the forfeiture proceedings, seizure, storage, 
maintenance of custody, advertising and notice, in the General Fund, except that, to the 
extent that the court finds it reasonable, the court may order forfeiture of as much of the 
property as is appropriate, less the reasonable expenses of the forfeiture proceedings, 
seizure, storage, maintenance of custody, advertising and notice, to a municipality, county 
or state agency that has made a substantial contribution to the investigation or prosecution 
of a related criminal case or, upon request of the investigating agency or the prosecuting 
agency, to a law enforcement agency in this State that provides case management and other 
social services to persons affected by crimes that are subject to forfeiture of property under 
this chapter.
Sec. 2.  17-A MRSA §1707, as enacted by PL 2019, c. 113, Pt. A, §2, is amended 
to read:
§1707.  Multiple fines imposed on convicted person; restitution
When multiple fines are imposed on a convicted person at the same time or when a fine 
is imposed on a convicted person already subject to an unpaid or partly unpaid fine, the 
fines must be cumulative, unless the court specifies that only the highest single fine must 
be paid in the case of offenses based on the same conduct or arising out of the same criminal 
episode or for other good cause stated on the record or in the sentences.  If the convicted 
person has also been ordered to pay restitution, the restitution must be paid in full prior to 
paying a fine under this section.
Sec. 3.  17-A MRSA §1708, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
1.  Timing of fine payment; restitution.   If a convicted person is sentenced to pay a 
fine, the court may grant permission for the payment to be made within a specified period 
of time or in specified installments. If such permission is not included in the sentence, the 
fine must be paid immediately to the clerk of the court.  If the convicted person has also 
been ordered to pay restitution, the restitution must be paid in full prior to paying a fine 
under this section.
Sec. 4.  17-A MRSA §1854, sub-§2, ¶C, as enacted by PL 2019, c. 113, Pt. A, §2, 
is amended to read:
C.  To make restitution to each victim of the crime imposed by the court as part of the 
sentence, which must be paid to the office of the attorney for the State who prosecuted 
the case;
Sec. 5.  17-A MRSA §2004, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
1.  Victim.   The victim or a dependent of a deceased victim, or an heir, beneficiary or 
recipient of the victim's estate;
Sec. 6.  17-A MRSA §2006, as enacted by PL 2019, c. 113, Pt. A, §2, is amended 
to read:
§2006.  Time and method of restitution
When restitution is authorized, and the offender is not committed to the Department of 
Corrections and does not receive a sentence that includes a period of probation, the time 
and method of payment or of the performance of the services must be specified by the court 
and monetary compensation may must be ordered paid to the office of the prosecuting 
attorney who is prosecuting the case or to the clerk of the court.  If the offender is committed 
to the Department of Corrections or receives a sentence that includes a period of probation, 
monetary compensation must be paid to the Department of Corrections and the time and 
method of payment must be determined by the Department of Corrections during the term 
of commitment or the period of probation unless at the time of sentencing the court has 
specified the time and method of payment.  Once any term of commitment to the 
Department of Corrections or period of probation is completed and if the restitution ordered 
has not been paid in full, the offender shall continue to pay restitution to the office of the 
attorney for the State who prosecuted the case and is subject to the provisions of section 
2011 and, in the event of a default, the provisions of section 2015.  The state agency 
receiving the restitution shall deposit any money received in the account maintained by the 
Treasurer of State for deposit of state agency funds, from which funds are daily transferred 
to an investment account and invested.  Interest accrued on that money is the property of 
and accrues to the State for deposit in the General Fund.  The agency receiving the 
restitution shall make the disbursement to the victim or other authorized claimant as soon 
as possible after the agency receives the money.
Sec. 7.  17-A MRSA §2011, as enacted by PL 2019, c. 113, Pt. A, §2, is amended 
to read:
§2011.  Former Department of Corrections' clients owing restitution
An offender is responsible for paying any restitution outstanding at the time the term 
of commitment to the Department of Corrections or period of probation is completed.  An 
offender who has complied with the time and method of payment of monetary 
compensation determined by the Department of Corrections during the period of probation 
shall continue to make payments to the Department of Corrections office of the attorney 
for the State who prosecuted the case in accordance with that payment schedule unless 
modified by the court pursuant to section 2014 or 2015.  An offender who has not complied 
with the time and method of payment of monetary compensation determined by the 
Department of Corrections during the period of probation must be returned to the court for 
further disposition pursuant to section 2015.  An offender who is unconditionally released 
and discharged from institutional confinement with the Department of Corrections upon 
the expiration of the sentence must, upon application of the office of the attorney for the 
State, be returned to the court for specification by the court of the time and method of 
payment of monetary compensation, which may be ordered paid to the office of the attorney 
for the State who prosecuted the case or to the clerk of the court.  Prior to the offender's 
release and discharge, the Department of Corrections shall provide the office of the attorney 
for the State who prosecuted the case written notice as to the amount of restitution 
outstanding.  An income withholding order issued pursuant to section 2007 remains 
effective and enforceable until the restitution is paid in full, even after an offender is no 
longer in the custody or under the supervision of the Department of Corrections.
Sec. 8.  17-A MRSA §2015, sub-§7, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
7.  Payments.   Payments made pursuant to this section must be made to the same 
agency to which the restitution was required to be paid under section 2006 or section 2011, 
except that if the offender is no longer in the custody or under the supervision of the 
Department of Corrections the payments must be made to the office of the attorney for the 
State who prosecuted the case or the clerk of the court, as ordered by the court.
SUMMARY
This bill amends the provisions of the Maine Revised Statutes regarding restitution to 
clarify that: restitution must be paid to the office of the attorney for the State who 
prosecuted the case; heirs, beneficiaries and recipients of the victim's estate may receive 
restitution in certain circumstances; and restitution must be paid in full before any fines are 
paid.