Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 10 - POLICY AND PROCEDURES MANUAL - ADULT › Subsection 201-10-6.6 - Payment of Restitution or Fines

Current through 2024-29, July 17, 2024
I.
AUTHORITY:
The Commissioner of Corrections adopts this policy pursuant
				  to the authority contained in 17-A M.R.S.A. Section 1330 and 34-A M.R.S.A.
				  Sections 3035, 3809-A4111.
II.
APPLICABILITY:
All Adult and Juvenile Correctional Facilities and Adult and
				  Juvenile Community Corrections.
III.
POLICY
This policy is implemented by the Department of Corrections,
				  in the case of adult prisoners, to assure compliance with
				  17-A M.R.S.A. Section
				  1330 and, in the case of juvenile clients, in
				  its role as guardian. This policy applies to all prisoners and juvenile clients
				  who have court ordered restitution, whether as a separate sentence or
				  disposition, or as a condition of probation. It also applies to all prisoners
				  and juvenile clients who have a court ordered fine.
IV.
CONTENTS
Procedure A: Identification of Prisoners and Juvenile Clients
				  with Court Ordered Restitution or Fines
Procedure B: Work Release for Prisoners or Juvenile Clients
				  with Court Ordered Restitution or Fines
Procedure C: Collection of Funds from Prisoners with Court
				  Ordered Restitution or Fines
Procedure D: Disbursement of Funds Collected for Restitution
				  or Fines
Procedure E: Recordkeeping and Termination of
				  Collection
V.
ATTACHMENTS
Attachment A: Initial Placement Form
Attachment B: Juvenile Initial Placement Form
VI.
PROCEDURES
Procedure A: Identification of Prisoners and Juvenile
				  Clients with Court Ordered Restitution or Fines
1. The Classification staff at each facility
				shall review, within thirty (30) days of a prisoner's or juvenile client's
				commitment to the Department, the judgment and commitment order(s) and
				conditions of probation for each prisoner or juvenile client at the facility to
				determine if the court has ordered the payment of restitution or a fine. The
				staff shall also review the Initial Placement Form or Juvenile Initial
				Placement Form and, where appropriate, other information provided by Adult or
				Juvenile Community Corrections.
2.
				When completing the Initial Placement Form (Attachment A) or Juvenile Initial
				Placement Form (Attachment B), the Probation Officer determining the placement
				shall complete the Restitution section of the form advising the receiving
				facility of whether or not restitution has been ordered, any applicable Docket
				Number, and restitution amount (if any).
3. If restitution has been ordered, but a
				specific restitution amount is not known at the time of the Initial Placement,
				the Probation Officer shall provide the restitution information listed above as
				soon as it is known.
4. When
				completing the Initial Placement Form or Juvenile Initial Placement Form, the
				Probation Officer shall complete the Fine section of the form advising the
				receiving facility of whether or not a fine has been ordered, any applicable
				Docket Number, and fine amount (if any). An assessment under
				5 M.R.S.A. Section
				3360-I is considered part of the
				fine.
5. In the case of a prisoner
				or juvenile client who receives a new judgment and commitment or a new
				condition of probation while incarcerated, the Classification staff at the
				facility shall review the documents, within thirty (30) days of their receipt
				from the court, to determine if the court has ordered the payment of
				restitution or a fine.
6. In all
				cases in which a prisoner or juvenile client has an active docket number
				(current or consecutive sentence or disposition at the time of commitment to
				the Department) with court ordered restitution, the Classification staff shall
				so inform the facility Business Office, and the collection of funds for
				restitution shall then commence.
7.
				In all cases in which a prisoner or juvenile client has an active docket number
				(current or consecutive sentence or disposition at the time of commitment to
				the Department) with an order to pay a fine, the Classification staff shall so
				inform the facility Business Office. The collection of funds for the fine shall
				then commence, provided there is no collection being made for court ordered
				restitution.
8. If a problem arises
				with the application of this policy, the Classification staff shall refer the
				matter to the Department's Victim Services Coordinator for advice on how to
				proceed.
Procedure B: Work Release for Prisoners or Juvenile
				  Clients with Court Ordered Restitution or Fines
1. Prior to the prisoner's or juvenile
				client's final approval for participation in Work Release, a staff person
				designated by the Chief Administrative Officer of the facility shall
				incorporate into the Work Release Agreement a Special Condition of Work Release
				which requires a minimum of twenty-five percent (25%) of the prisoner's gross
				weekly wages or twenty-five (25%) of the juvenile client's gross weekly wages
				be deducted as payment toward court ordered restitution and/or fine, as
				applicable. The prisoner or juvenile client shall sign this agreement prior to
				final approval for work release.
2.
				Any prisoner or juvenile client on Work Release who is alleged to be in
				violation of a restitution or fine payment plan acknowledged by the prisoner or
				juvenile client as a Special Condition of Work Release shall be subject to
				disciplinary action. Such a prisoner or juvenile client shall also be subject
				to removal from Work Release.
Procedure C: Collection of Funds from Prisoners with
				  Court Ordered Restitution or Fines
1. In the case of a prisoner or juvenile
				client on Work Release with court ordered restitution, the facility Business
				Office shall deduct from the prisoner's Work Release earnings whatever
				percentage of gross weekly wages is required to be paid toward restitution
				under the Special Condition of Work Release incorporated into the Work Release
				Agreement, which in the case of a prisoner, shall be no less than 25% and, in
				the case of a juvenile client, shall be no less than 25%.
2. Deduction of restitution from prisoners or
				juvenile clients with multiple docket numbers shall commence with the oldest
				docket number first. The oldest docket number is the docket number with the
				oldest sentence or disposition start date. Deductions shall be made on a single
				docket number at a time. No deduction for a subsequent docket number shall be
				made while deductions are being made on an older docket number.
3. In the case of a prisoner or juvenile
				client not on Work Release with court ordered restitution, the facility
				Business Office shall deduct from the prisoner's account 25% of money received
				by the prisoner from any source and from the juvenile client's account 25% of
				money received by the juvenile client from any source.
4. Deduction of a fine from prisoners or
				juvenile clients with multiple docket numbers shall commence with the oldest
				docket number first. The oldest docket number is the docket number with the
				oldest sentence or disposition start date. Deductions shall be made on a single
				docket number at a time. No deduction for a subsequent docket number shall be
				made while deductions are being made on an older docket number.
5. In the case of a prisoner or juvenile
				client on Work Release with a court ordered fine, the facility Business Office
				shall deduct from the prisoner's Work Release earnings whatever percentage of
				gross weekly wages is required to be paid toward a fine under the Special
				Conditions of Work Release incorporated into the Work Release Agreement, which,
				in the case of a prisoner, shall be no less than 25% and, in the case of a
				juenile client shall be no less than 25%. No deduction for a fine shall be made
				while deductions are being made for court ordered restitution.
6. In the case of a prisoner or juvenile
				client not on Work Release with a court ordered fine, the facility Business
				Office shall deduct from the prisoner's account 25% of money received by the
				prisoner from any source and from the juvenile client's account 25% of money
				received by the juvenile client from any source. No deduction for a fine shall
				be made while deductions are being made for court ordered
				restitution.
7. Deduction from a
				transaction shall be made immediately.
8. The facility Business Office shall not
				deduct extra from one transaction to make up for any failure to make a full
				deduction from another transaction.
9. If a prisoner or juvenile client disputes
				the propriety of a deduction(s) or a court order purports to prohibit or limit
				a deduction(s), the facility Business Office shall refer the matter to the
				Department's Victim Services Coordinator and shall continue to make deductions
				in accordance with this policy unless and until otherwise advised by the Victim
				Services Coordinator.
Procedure D. Disbursement of Funds Collected for
				  Restitution or Fines
1. The
				staff person designated by the Chief Administrative Officer of the facility
				shall disburse the funds collected for restitution on a monthly basis
				(provided, however, that disbursement shall also take place upon a prisoner's
				or juvenile client's transfer or release). The designated staff person shall
				disburse the restitution funds collected by forwarding these funds to the Adult
				Community Corrections office or the Juvenile Community Corrections office
				designated on the Initial Placement Form or Juvenile Initial Placement Form.
				That office shall deposit the funds in the bank account designated.
2. The Central Office restitution clerk shall
				distribute restitution funds from the designated bank account to the victims on
				a monthly basis. In the event there is more than one victim on the same docket
				number, the payment shall be prorated by percentage owed to each victim. Full
				payment shall be made to the victim(s) of the oldest active docket number
				before payment is made to the victim(s) on any more recent docket
				number.
3. If a victim ordered to
				receive restitution cannot be located, the Department's Victim Services
				Coordinator shall be informed and shall inform the court that ordered the
				restitution. If a victim ordered to receive restitution has died, the
				Department's Victim Services Coordinator shall be informed and shall ensure
				that funds collected are disbursed to the estate of the victim.
4. The staff person designated by the Chief
				Administrative Officer shall disburse funds collected for fines by forwarding
				these funds to the courts on a monthly basis (provided, however, that
				disbursement shall also take place upon a prisoner's or juvenile client's
				transfer or release).
Procedure E. Record Keeping and Termination of
				  Collection
1. The Business
				Office of the facility where the prisoner or juvenile client is housed shall
				maintain a record of collection on each prisoner or juvenile client subject to
				this policy.
2. The Business Office
				shall inform the Classification staff when funds equal to the amount of
				restitution and/or fines ordered by the court have been collected. The
				collection of funds shall then terminate. In the event that more than one
				person is ordered to pay restitution to a victim(s) for the same crime or
				juvenile crime and the orders for restitution are joint and several, each
				person is liable for the full amount. Funds shall be collected from each such
				person who is a prisoner or juvenile client at the rate of 25% of money
				received by each prisoner or 25% of money received by each juvenile client
				until the victim(s) has been paid in full. The collection of funds shall then
				terminate unless the amounts collected from each person ordered to pay
				restitution are not equal.
3. If
				the order is joint and several and the amounts collected from each person
				ordered to pay restitution are not equal, funds shall continue to be collected
				from any prisoner or juvenile client who has not paid an equal share of the
				restitution, and the funds shall be disbursed to any person who has paid more
				than an equal share of the restitution until the total obligation to the victim
				has been shared equally. The collection of funds from a prisoner or juvenile
				client who has not paid an equal share for the purpose of disbursing funds to a
				person who has paid more than an equal share shall be suspended if there is a
				subsequent docket number on which the prisoner or juvenile client has
				court-ordered restitution. The collect on of funds on the older docket number
				shall restart once funds equal to the amount of restitution ordered by the
				court have been collected on any subsequent docket number.
4. The collection of funds for any fine owed
				on an active docket number shall commence once the collection of funds for
				restitution has terminated on all active docket numbers. The collection of
				funds for fines shall terminate if the collection of funds for restitution is
				restarted for any reason.
5. A
				prisoner or juvenile client on Work Release shall be permitted to continue on
				Work Release after the fulfillment of the Special Condition of Work Release
				related to restitution and/or fines, provided that continued participation is
				in accordance with departmental policy.
6. If a prisoner or juvenile client who has
				court ordered restitution or fines is transferred to or released to another
				correctional facility (including a county jail), all restitution and fine
				related information, including the order of judgment and commitment, the
				probation conditions, the Initial Placement Form or Juvenile Initial Placement
				Form and, where applicable, other materials related to restitution or fines and
				the record of collection shall be forwarded to the receiving
				facility.