Bill Text: IN SB0144 | 2013 | Regular Session | Introduced
Bill Title: Annual review of unpaid restitution orders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Judiciary [SB0144 Detail]
Download: Indiana-2013-SB0144-Introduced.html
Citations Affected: IC 4-6-3-2; IC 5-11-20; IC 31-37-19-5;
IC 33-39-2-8; IC 35-50-5-3.
Synopsis: Annual review of unpaid restitution orders. Requires a
governmental entity that is the beneficiary of a criminal or juvenile
restitution order issued by a state or federal court to annually file a
payment status report with the court and with the state board of
accounts. Provides that the payment status report must include
information on the status of the restitution order, including, if
applicable, information concerning any arrearage. Requires the state
board of accounts to review the status of a restitution order if it
conducts an audit of a governmental entity that is the beneficiary of the
restitution order. Grants the issuing court authority to facilitate
enforcement of the restitution order. Allows the: (1) attorney general
(in the case of a restitution order issued on behalf of the state); or (2)
prosecuting attorney (in the case of a restitution order issued on behalf
of a political subdivision); to bring an action to collect the amount
owed under a restitution order that is more than one year in arrears.
Allows the attorney general or prosecuting attorney to retain not more
than 10% of the unpaid restitution order as reimbursement for the costs
of bringing the action.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(b) In no instance under this section shall the state or a state agency be required to file a bond.
(c) This section does not affect the authority of prosecuting attorneys to prosecute civil actions.
(d) This section does not affect the authority of the inspector general to prosecute a civil action under IC 4-2-7-6 for the recovery of any of the following:
(1) Funds misappropriated, diverted, missing, or unlawfully gained.
(2) A civil penalty imposed by the state ethics commission under IC 4-2-6-12.
(e) The attorney general may bring an action to collect unpaid
registration fees owed by a commercial dog broker or a commercial
dog breeder under IC 15-21.
(f) The attorney general may bring an action to collect the
amount owed under a restitution order issued in favor of the state
if the restitution order is more than one (1) year in arrears. If the
attorney general prevails in an action brought under this
subsection, the attorney general may retain not more than ten
percent (10%) of the amount recovered as reimbursement for the
reasonable expenses of bringing the action.
Chapter 20. Restitution Orders
Sec. 1. As used in this chapter, "governmental entity" means:
(1) the state; or
(2) a political subdivision (as defined in IC 36-1-2-13).
Sec. 2. A governmental entity that is the beneficiary of a restitution order issued as part of a criminal or juvenile proceeding by a:
(1) state court; or
(2) federal court;
shall annually file a payment status report with the court and with the state board of accounts.
Sec. 3. The payment status report described in section 2 of this chapter must include the following:
(1) A copy of the restitution order.
(2) The amount of restitution originally ordered.
(3) The amount of restitution that remains unpaid.
(4) The name of the person ordered to pay the restitution.
(5) The governmental entity entitled to receive the restitution.
(6) A statement regarding whether the person ordered to pay restitution has met the person's obligations under the restitution order in a timely manner.
(7) If the restitution order is in arrears, the amount of the arrearage.
(8) Any other information relevant to the restitution order.
Sec. 4. If the state board of accounts performs an audit of a governmental entity that is the beneficiary of a restitution order issued as part of a criminal or juvenile proceeding by a:
(1) state court; or
(2) federal court;
the state board of accounts shall review the status of the restitution
order as part of its audit.
Sec. 5. If a restitution order is more than one (1) year in arrears,
the governmental entity that is the beneficiary of the restitution
order may request that the:
(1) attorney general (in accordance with IC 4-6-3-2(f)); or
(2) prosecuting attorney (in accordance with IC 33-39-2-8);
bring an action to collect the amount owed under the unpaid
restitution order.
(b) The juvenile court may, in addition to an order under section 6 of this chapter, enter at least one (1) of the following dispositional decrees:
(1) Order supervision of the child by the probation department as a condition of probation under this subdivision. The juvenile court shall after a determination under IC 11-8-8-5 require a child who is adjudicated a delinquent child for an act that would be an offense described in IC 11-8-8-5 if committed by an adult to register with the local law enforcement authority under IC 11-8-8.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Order the child to surrender the child's driver's license to the court for a specified period of time.
(4) Order the child to pay restitution if the victim provides reasonable evidence of the victim's loss, which the child may challenge at the dispositional hearing.
(5) Partially or completely emancipate the child under section 27 of this chapter.
(6) Order the child to attend an alcohol and drug services program established under IC 12-23-14.
(7) Order the child to perform community restitution or service for a specified period of time.
(8) Order wardship of the child as provided in section 9 of this chapter.
(c) If the juvenile court orders supervision of the child by the probation department under subsection (b)(1), the child or the child's parent, guardian, or custodian is responsible for any costs resulting from the participation in a rehabilitative service or educational class
provided by the probation department. Any costs collected for services
or classes provided by the probation department shall be deposited in
the county supplemental juvenile probation services fund.
(d) If a payment status report received by a juvenile court under
IC 5-11-20-2 from a governmental entity that is the beneficiary of
a restitution order issued by the court shows that the child ordered
to make restitution has failed to comply with the court's restitution
order, the court, on its own motion or upon motion of the
governmental entity, may take one (1) or more of the following
actions:
(1) Issue an order to show cause.
(2) Following a hearing, find the child to be in contempt of
court if the child has knowingly or intentionally failed to
comply with the restitution order.
(3) Take any other judicial action to facilitate compliance with
the restitution order.
(b) If the prosecuting attorney prevails in an action brought under this section, the prosecuting attorney may retain not more than ten percent (10%) of the amount recovered as reimbursement for the reasonable expenses of bringing the action.
(1) property damages of the victim incurred as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate);
(2) medical and hospital costs incurred by the victim (before the date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime has caused the victim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the date of sentencing) as
a result of the crime, including earnings lost while the victim was
hospitalized or participating in the investigation or trial of the
crime; and
(5) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a), (i), (j), (l), or (m) is a
judgment lien that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquent
under the restitution order by the person in whose favor the order
is issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of the
restitution, directly to:
(1) the victim services division of the Indiana criminal justice
institute in an amount not exceeding:
(A) the amount of the award, if any, paid to the victim under
IC 5-2-6.1; and
(B) the cost of the reimbursements, if any, for emergency
services provided to the victim under IC 16-10-1.5 (before its
repeal) or IC 16-21-8; or
(2) a probation department that shall forward restitution or part of
restitution to:
(A) a victim of a crime;
(B) a victim's estate; or
(C) the family of a victim who is deceased.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution it receives under this subsection in the
violent crime victims compensation fund established by IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a), (i), (j),
(l), or (m), the issuing court shall send a certified copy of the order to
the clerk of the circuit court in the county where the felony or
misdemeanor charge was filed. The restitution order must include the
following information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
Upon receiving the order, the clerk shall enter and index the order in the circuit court judgment docket in the manner prescribed by IC 33-32-3-2. The clerk shall also notify the department of insurance of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a), (i), (j), (l), or (m) does not bar a civil action for:
(1) damages that the court did not require the person to pay to the victim under the restitution order but arise from an injury or property damage that is the basis of restitution ordered by the court; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection (a) as a condition of probation or other sentence, the restitution order is not discharged by the completion of any probationary period or other sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a), (i), (j), (l), or (m) is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6, IC 34-1-12, or IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitution ordered by the court under subsections (a) and (c) on behalf of the victim services division of the Indiana criminal justice institute established under IC 5-2-6-8.
(i) The court may order the person convicted of an offense under IC 35-43-9 to make restitution to the victim of the crime. The court shall base its restitution order upon a consideration of the amount of money that the convicted person converted, misappropriated, or received, or for which the convicted person conspired. The restitution order issued for a violation of IC 35-43-9 must comply with subsections (b), (d), (e), and (g), and is not discharged by the completion of any probationary period or other sentence imposed for a violation of IC 35-43-9.
(j) The court may order the person convicted of an offense under IC 35-43-5-3.5 to make restitution to the victim of the crime, the victim's estate, or the family of a victim who is deceased. The court shall base its restitution order upon a consideration of the amount of fraud or harm caused by the convicted person and any reasonable expenses (including lost wages) incurred by the victim in correcting the victim's credit report and addressing any other issues caused by the commission of the offense under IC 35-43-5-3.5. If, after a person is sentenced for an offense under IC 35-43-5-3.5, a victim, a victim's estate, or the family of a victim discovers or incurs additional expenses that result from the convicted person's commission of the offense under
IC 35-43-5-3.5, the court may issue one (1) or more restitution orders
to require the convicted person to make restitution, even if the court
issued a restitution order at the time of sentencing. For purposes of
entering a restitution order after sentencing, a court has continuing
jurisdiction over a person convicted of an offense under IC 35-43-5-3.5
for five (5) years after the date of sentencing. Each restitution order
issued for a violation of IC 35-43-5-3.5 must comply with subsections
(b), (d), (e), and (g), and is not discharged by the completion of any
probationary period or other sentence imposed for an offense under
IC 35-43-5-3.5.
(k) The court shall order a person convicted of an offense under
IC 35-42-3.5 to make restitution to the victim of the crime in an amount
equal to the greater of the following:
(1) The gross income or value to the person of the victim's labor
or services.
(2) The value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of:
(A) the federal Fair Labor Standards Act of 1938, as amended
(29 U.S.C. 201-209); or
(B) IC 22-2-2 (Minimum Wage);
whichever is greater.
(l) The court shall order a person who:
(1) is convicted of dealing in methamphetamine under
IC 35-48-4-1.1(a)(1)(A); and
(2) manufactured the methamphetamine on property owned by
another person, without the consent of the property owner;
to pay liquidated damages to the property owner in the amount of ten
thousand dollars ($10,000).
(m) The court shall order a person who:
(1) is convicted of dealing in marijuana under
IC 35-48-4-10(a)(1)(A); and
(2) manufactured the marijuana on property owned by another
person, without the consent of the property owner;
to pay liquidated damages to the property owner in the amount of two
thousand dollars ($2,000).
(n) If a payment status report received by the court under
IC 5-11-20-2 from a governmental entity that is the beneficiary of
a restitution order issued by the court shows that the person
ordered to make restitution has failed to comply with the court's
restitution order, the court, on its own motion or upon motion of
the governmental entity, may take one (1) or more of the following
actions:
(1) Issue an order to show cause.
(2) Following a hearing, find the person ordered to make
restitution to be in contempt of court if the person has
knowingly or intentionally failed to comply with the
restitution order.
(3) Take any other judicial action to facilitate compliance with
the restitution order.
