Kentucky Statutes 532.033 – Order of restitution
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When a judge orders restitution, the judge shall:
(1) Order the restitution to be paid to a specific person or organization through the circuit clerk, who shall disburse the moneys as ordered by the court;
(2) Be responsible for overseeing the collection of restitution; (3) Set the amount of restitution to be paid;
(4) Set the amount and frequency of each restitution payment or require the payment to be made in a lump sum;
(5) Monitor the payment of the restitution to assure that payment is being made;
(6) If restitution is not being paid as ordered, hold a hearing to determine why the restitution is not being paid;
(7) If the restitution is not being paid and no good reason exists therefor, institute sanctions against the defendant; and
(8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order have been successfully completed.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 606, sec. 46, effective July 15, 1998.
(1) Order the restitution to be paid to a specific person or organization through the circuit clerk, who shall disburse the moneys as ordered by the court;
Terms Used In Kentucky Statutes 532.033
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restitution: means any form of compensation paid by a convicted person to a victim for counseling, medical expenses, lost wages due to injury, or property damage and other expenses suffered by a victim because of a criminal act. See Kentucky Statutes 532.350
(2) Be responsible for overseeing the collection of restitution; (3) Set the amount of restitution to be paid;
(4) Set the amount and frequency of each restitution payment or require the payment to be made in a lump sum;
(5) Monitor the payment of the restitution to assure that payment is being made;
(6) If restitution is not being paid as ordered, hold a hearing to determine why the restitution is not being paid;
(7) If the restitution is not being paid and no good reason exists therefor, institute sanctions against the defendant; and
(8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order have been successfully completed.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 606, sec. 46, effective July 15, 1998.