Sen. Mrvan’s SB 28 imposes accounting requirements on the state and on political subdivisions to which restitution is owed. The government entities are required to track restitution orders issued in their favor and to report annually on the payment status of that restitution.
If a restitution obligation is more than a year in arrears, the attorney general (for the state) or prosecutor (for political subdivisions) is entitled to bring a collection action and to retain up to 10% of the amount collected as reimbursement for the cost of bringing the action. (The legislation does not say as much, but I assume the intent is for the prosecuting attorney for the district encompassing the political subdivision to bring the action — no guidance as to which prosecuting attorney if the political subdivision straddles judicial districts.)
Among other things, if a restitution order to a government entity is not complied with, after a hearing, the court issuing the order can find the debtor in contempt of court if the person has knowingly or intentionally failed to comply with the restitution order.
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