HOUSE BILL No. 5439
February 23, 2000, Introduced by Reps. Garcia and Gosselin and referred to the Committee on Criminal Law and Corrections. A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 16, 44, and 76 (MCL 780.766, 780.794, and 780.826), sections 16 and 76 as amended by 1998 PA 232 and sec- tion 44 as amended by 1996 PA 562. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16. (1) For purposes of this section only, "victim" 2 means an individual who suffers direct or threatened physical, 3 financial, or emotional harm as a result of the commission of a 4 crime. For purposes of subsections (2), (3), (6), (8), (9), and 5 (13) (14), victim includes a sole proprietorship, partnership, 6 corporation, association, governmental entity, or any other legal 7 entity that suffers direct physical or financial harm as a result 8 of a crime. 04932'99 DRM 2 1 (2) Except as provided in subsection (8), when sentencing a 2 defendant convicted of a crime, the court shall order, in 3 addition to or in lieu of any other penalty authorized by law or 4 in addition to any other penalty required by law, that the 5 defendant make full restitution to any victim of the defendant's 6 course of conduct that gives rise to the conviction or to the 7 victim's estate. 8 (3) If a crime results in damage to or loss or destruction 9 of property of a victim of the crime or results in the seizure or 10 impoundment of property of a victim of the crime, the order of 11 restitution may require that the defendant do 1 or more of the 12 following, as applicable: 13 (a) Return the property to the owner of the property or to a 14 person designated by the owner. 15 (b) If return of the property under subdivision (a) is 16 impossible, impractical, or inadequate, pay an amount equal to 17 the greater of subparagraph (i) or (ii), less the value, deter- 18 mined as of the date the property is returned, of that property 19 or any part of the property that is returned: 20 (i) The value of the property on the date of the damage, 21 loss, or destruction. 22 (ii) The value of the property on the date of sentencing. 23 (c) Pay the costs of the seizure or impoundment, or both. 24 (4) If a crime results in physical or psychological injury 25 to a victim, the order of restitution may require that the 26 defendant do 1 or more of the following, as applicable: 04932'99 3 1 (a) Pay an amount equal to the cost of actual medical and 2 related professional services and devices relating to physical 3 and psychological care. 4 (b) Pay an amount equal to the cost of actual physical and 5 occupational therapy and rehabilitation. 6 (c) Reimburse the victim or the victim's estate for 7 after-tax income loss suffered by the victim as a result of the 8 crime. 9 (d) Pay an amount equal to the cost of psychological and 10 medical treatment for members of the victim's family that has 11 been incurred as a result of the crime. 12 (e) Pay an amount equal to the costs of actual homemaking 13 and child care expenses incurred as a result of the crime. 14 (5) If a crime resulting in bodily injury also results in 15 the death of a victim, the order of restitution may require that 16 the defendant pay an amount equal to the cost of actual funeral 17 and related services. 18 (6) If the victim or victim's estate consents, the order of 19 restitution may require that the defendant make restitution in 20 services in lieu of money. 21 (7) If the victim is deceased, the court shall order that 22 the restitution be made to the victim's estate. 23 (8) The court shall order restitution to the crime victim 24 services commission or to any individuals, partnerships, corpora- 25 tions, associations, governmental entities, or other legal enti- 26 ties that have compensated the victim or the victim's estate for 27 a loss incurred by the victim to the extent of the compensation 04932'99 4 1 paid for that loss. The court shall also order restitution for 2 the costs of services provided to persons or entities that have 3 provided services to the victim as a result of the crime. 4 Services that are subject to restitution under this subsection 5 include, but are not limited to, shelter, food, clothing, and 6 transportation. However, an order of restitution shall require 7 that all restitution to a victim or victim's estate under the 8 order be made before any restitution to any other person or 9 entity under that order is made. The court shall not order res- 10 titution to be paid to a victim or victim's estate if the victim 11 or victim's estate has received or is to receive compensation for 12 that loss, and the court shall state on the record with specific- 13 ity the reasons for its action. If an entity entitled to resti- 14 tution under this subsection for compensating the victim or the 15 victim's estate cannot or refuses to be reimbursed for that com- 16 pensation, the restitution paid for that entity shall be depos- 17 ited by the state treasurer in the crime victim's rights fund 18 created under section 4 of 1989 PA 196, MCL 780.904, or its suc- 19 cessor fund. 20 (9) Any amount paid to a victim or victim's estate under an 21 order of restitution shall be set off against any amount later 22 recovered as compensatory damages by the victim or the victim's 23 estate in any federal or state civil proceeding and shall reduce 24 the amount payable to a victim or a victim's estate by an award 25 from the crime victim services commission made after an order of 26 restitution under this section. 04932'99 5 1 (10) THE COURT SHALL ORDER RESTITUTION TO EACH INDIVIDUAL 2 WHO WAS COMPELLED TO APPEAR AS A WITNESS AT A TRIAL OR OTHER 3 PROCEEDING LEADING TO THE DEFENDANT'S CONVICTION. THE RESTITU- 4 TION FOR EACH WITNESS SHALL BE IN AN AMOUNT EQUAL TO $25.00 FOR 5 EACH HOUR SPENT APPEARING AT THE TRIAL OR OTHER PROCEEDING OR 6 TRAVELING TO AND FROM THE TRIAL OR OTHER PROCEEDING, BUT NOT MORE 7 THAN $200.00. 8 (11) (10) If not otherwise provided by the court under 9 this subsection, restitution shall be made immediately. However, 10 the court may require that the defendant make restitution under 11 this section within a specified period or in specified 12 installments. 13 (12) (11) If the defendant is placed on probation or 14 paroled or the court imposes a conditional sentence as provided 15 in section 3 of chapter IX of the code of criminal procedure, 16 1927 PA 175, MCL 769.3, any restitution ordered under this sec- 17 tion shall be a condition of that probation, parole, or 18 sentence. The court may revoke probation or impose imprisonment 19 under the conditional sentence and the parole board may revoke 20 parole if the defendant fails to comply with the order and if the 21 defendant has not made a good faith effort to comply with the 22 order. In determining whether to revoke probation or parole or 23 impose imprisonment, the court or parole board shall consider the 24 defendant's employment status, earning ability, and financial 25 resources, the willfulness of the defendant's failure to pay, and 26 any other special circumstances that may have a bearing on the 27 defendant's ability to pay. 04932'99 6 1 (13) (12) A defendant who is required to pay restitution 2 and who is not in willful default of the payment of the restitu- 3 tion may at any time petition the sentencing judge or his or her 4 successor to modify the method of payment. If the court deter- 5 mines that payment under the order will impose a manifest hard- 6 ship on the defendant or his or her immediate family, the court 7 may modify the method of payment. 8 (14) (13) An order of restitution entered under this sec- 9 tion remains effective until it is satisfied in full. An order 10 of restitution is a judgment and lien against all property of the 11 defendant for the amount specified in the order of restitution. 12 The lien may be recorded as provided by law. An order of resti- 13 tution may be enforced by the prosecuting attorney, a victim, a 14 victim's estate, or any other person or entity named in the order 15 to receive the restitution in the same manner as a judgment in a 16 civil action or a lien. 17 (15) (14) Notwithstanding any other provision of this sec- 18 tion, a defendant shall not be imprisoned, jailed, or incarcer- 19 ated for a violation of probation or parole or otherwise for 20 failure to pay restitution as ordered under this section unless 21 the court or parole board determines that the defendant has the 22 resources to pay the ordered restitution and has not made a good 23 faith effort to do so. 24 (16) (15) In each case in which payment of restitution is 25 ordered as a condition of probation, the probation officer 26 assigned to the case shall review the case not less than twice 27 yearly to ensure that restitution is being paid as ordered. The 04932'99 7 1 final review shall be conducted not less than 60 days before the 2 probationary period expires. If the probation officer determines 3 that restitution is not being paid as ordered, the probation 4 officer shall file a written report of the violation with the 5 court on a form prescribed by the state court administrative 6 office. The report shall include a statement of the amount of 7 the arrearage and any reasons for the arrearage known by the pro- 8 bation officer. The probation officer shall immediately provide 9 a copy of the report to the prosecuting attorney. If a motion is 10 filed or other proceedings are initiated to enforce payment of 11 restitution and the court determines that restitution is not 12 being paid or has not been paid as ordered by the court, the 13 court shall promptly take action necessary to compel compliance. 14 (17) (16) If a defendant who is ordered to pay restitution 15 under this section is remanded to the jurisdiction of the depart- 16 ment of corrections, the court shall provide a copy of the order 17 of restitution to the department of corrections when the 18 defendant is remanded to the department's jurisdiction. 19 Sec. 44. (1) For purposes of this section only: 20 (a) "Offense" means a violation of a penal law of this state 21 or a violation of an ordinance of a local unit of government of 22 this state punishable by imprisonment or by a fine that is not a 23 civil fine. 24 (b) "Victim" means an individual who suffers direct or 25 threatened physical, financial, or emotional harm as a result of 26 the commission of an offense. For purposes of subsections (2), 27 (3), (6), (8), (9), and (13) (14), victim includes a sole 04932'99 8 1 proprietorship, partnership, corporation, association, 2 governmental entity, or any other legal entity that suffers 3 direct physical or financial harm as a result of an offense. 4 (2) Except as provided in subsection (8), at the disposi- 5 tional hearing for an offense, the court shall order, in addition 6 to or in lieu of any other disposition authorized by law, that 7 the juvenile make full restitution to any victim of the 8 juvenile's course of conduct that gives rise to the disposition 9 or to the victim's estate. 10 (3) If an offense results in damage to or loss or destruc- 11 tion of property of a victim of the offense, or results in the 12 seizure or impoundment of property of a victim of the offense, 13 the order of restitution may require that the juvenile do 1 or 14 more of the following, as applicable: 15 (a) Return the property to the owner of the property or to a 16 person designated by the owner. 17 (b) If return of the property under subdivision (a) is 18 impossible, impractical, or inadequate, pay an amount equal to 19 the greater of subparagraph (i) or (ii), less the value, deter- 20 mined as of the date the property is returned, of that property 21 or any part of the property that is returned: 22 (i) The value of the property on the date of the damage, 23 loss, or destruction. 24 (ii) The value of the property on the date of disposition. 25 (c) Pay the costs of the seizure or impoundment, or both. 04932'99 9 1 (4) If an offense results in physical or psychological 2 injury to a victim, the order of restitution may require that the 3 juvenile do 1 or more of the following, as applicable: 4 (a) Pay an amount equal to the cost of actual medical and 5 related professional services and devices relating to physical 6 and psychological care. 7 (b) Pay an amount equal to the cost of actual physical and 8 occupational therapy and rehabilitation. 9 (c) Reimburse the victim or the victim's estate for 10 after-tax income loss suffered by the victim as a result of the 11 offense. 12 (d) Pay an amount equal to the cost of psychological and 13 medical treatment for members of the victim's family that has 14 been incurred as a result of the offense. 15 (e) Pay an amount equal the costs of actual homemaking and 16 child care expenses incurred as a result of the offense. 17 (5) If an offense resulting in bodily injury also results in 18 the death of a victim, the order of restitution may require that 19 the juvenile pay an amount equal to the cost of actual funeral 20 and related services. 21 (6) If the victim or victim's estate consents, the order of 22 restitution may require that the juvenile make restitution in 23 services in lieu of money. 24 (7) If the victim is deceased, the court shall order that 25 the restitution be made to the victim's estate. 26 (8) The court shall order restitution to the crime victims 27 compensation board or to any individuals, partnerships, 04932'99 10 1 corporations, associations, governmental entities, or other legal 2 entities that have compensated the victim or the victim's estate 3 for a loss incurred by the victim to the extent of the compensa- 4 tion paid for that loss. The court shall also order restitution 5 for the costs of services provided to persons or entities that 6 have provided services to the victim as a result of the offense. 7 Services that are subject to restitution under this subsection 8 include, but are not limited to, shelter, food, clothing, and 9 transportation. However, an order of restitution shall require 10 that all restitution to a victim or victim's estate under the 11 order be made before any restitution to any other person or 12 entity under that order is made. The court shall not order res- 13 titution to be paid to a victim or victim's estate if the victim 14 or victim's estate has received or is to receive compensation for 15 that loss, and the court shall state on the record with specific- 16 ity the reasons for its action. If an entity entitled to resti- 17 tution under this subsection for compensating the victim or the 18 victim's estate cannot or refuses to be reimbursed for that com- 19 pensation, the restitution paid for that entity shall be depos- 20 ited in the crime victim's rights assessment fund or its succes- 21 sor fund. 22 (9) Any amount paid to a victim or victim's estate under an 23 order of restitution shall be set off against any amount later 24 recovered as compensatory damages by the victim or the victim's 25 estate in any federal or state civil proceeding and shall reduce 26 the amount payable to a victim or a victim's estate by an award 04932'99 11 1 from the crime victims compensation board made after an order of 2 restitution under this section. 3 (10) THE COURT SHALL ORDER RESTITUTION TO EACH INDIVIDUAL 4 WHO WAS COMPELLED TO APPEAR AS A WITNESS AT A PROCEEDING LEADING 5 TO THE JUVENILE'S ADJUDICATION. THE RESTITUTION FOR EACH WITNESS 6 SHALL BE IN AN AMOUNT EQUAL TO $25.00 FOR EACH HOUR SPENT APPEAR- 7 ING AT THE PROCEEDING OR TRAVELING TO AND FROM THE PROCEEDING, 8 BUT NOT MORE THAN $200.00. 9 (11) (10) If not otherwise provided by the court under 10 this subsection, restitution shall be made immediately. However, 11 the court may require that the juvenile make restitution under 12 this section within a specified period or in specified 13 installments. 14 (12) (11) If the juvenile is placed on probation, any res- 15 titution ordered under this section shall be a condition of that 16 probation. The court may revoke probation if the juvenile fails 17 to comply with the order and if the juvenile has not made a good 18 faith effort to comply with the order. In determining whether to 19 revoke probation, the court shall consider the juvenile's employ- 20 ment status, earning ability, financial resources, the willful- 21 ness of the juvenile's failure to pay, and any other special cir- 22 cumstances that may have a bearing on the juvenile's ability to 23 pay. 24 (13) (12) A juvenile who is required to pay restitution 25 and who is not in willful default of the payment of the restitu- 26 tion may at any time petition the court to modify the method of 27 payment. If the court determines that payment under the order 04932'99 12 1 will impose a manifest hardship on the juvenile or his or her 2 immediate family, the court may modify the method of payment. 3 (14) (13) An order of restitution entered under this sec- 4 tion remains effective until it is satisfied in full. An order 5 of restitution is a judgment and lien against all property of the 6 individual ordered to pay restitution for the amount specified in 7 the order of restitution. The lien may be recorded as provided 8 by law. An order of restitution may be enforced by the prosecut- 9 ing attorney, a victim, a victim's estate, or any other person or 10 entity named in the order to receive the restitution in the same 11 manner as a judgment in a civil action or a lien. 12 (15) (14) Notwithstanding any other provision of this sec- 13 tion, a juvenile shall not be detained for a violation of proba- 14 tion, or otherwise, for failure to pay restitution as ordered 15 under this section unless the court determines that the juvenile 16 has the resources to pay the ordered restitution and has not made 17 a good faith effort to do so. 18 (16) (15) If the court determines that the juvenile is or 19 will be unable to pay all of the restitution ordered, after 20 notice to the juvenile's parent or parents and an opportunity for 21 the parent or parents to be heard, the court may order the parent 22 or parents having supervisory responsibility for the juvenile at 23 the time of the acts upon which an order of restitution is based 24 to pay any portion of the restitution ordered that is 25 outstanding. An order under this subsection does not relieve the 26 juvenile of his or her obligation to pay restitution as ordered, 27 but the amount owed by the juvenile shall be offset by any amount 04932'99 13 1 paid by his or her parent. As used in this subsection, "parent" 2 does not include a foster parent. 3 (17) (16) If the court orders a parent to pay restitution 4 under subsection (15) (16), the court shall take into account 5 the financial resources of the parent and the burden that the 6 payment of restitution will impose, with due regard to any other 7 moral or legal financial obligations that the parent may have. 8 If a parent is required to pay restitution under subsection 9 (15) (16), the court shall provide for payment to be made in 10 specified installments and within a specified period of time. 11 (18) (17) A parent who has been ordered to pay restitution 12 under subsection (15) (16) may petition the court for a modifi- 13 cation of the amount of restitution owed by the parent or for a 14 cancellation of any unpaid portion of the parent's obligation. 15 The court shall cancel all or part of the parent's obligation due 16 if the court determines that payment of the amount due will 17 impose a manifest hardship on the parent. 18 (19) (18) In each case in which payment of restitution is 19 ordered as a condition of probation, the juvenile caseworker or 20 probation officer assigned to the case shall review the case not 21 less than twice yearly to ensure that restitution is being paid 22 as ordered. The final review shall be conducted not less than 60 23 days before the expiration of the probationary period. If the 24 juvenile caseworker or probation officer determines the restitu- 25 tion is not being paid as ordered, the juvenile caseworker or 26 probation officer shall file a written report of the violation 27 with the court on a form prescribed by the state court 04932'99 14 1 administrative office. The report shall include a statement of 2 the amount of the arrearage, and any reasons for the arrearage 3 that are known by the juvenile caseworker or probation officer. 4 The juvenile caseworker or probation officer shall immediately 5 provide a copy of the report to the prosecuting attorney. If a 6 motion is filed or other proceedings are initiated to enforce 7 payment of restitution and the court determines that restitution 8 is not being paid or has not been paid as ordered by the court, 9 the court shall promptly take action necessary to compel 10 compliance. 11 (20) (19) If the court determines that an individual who 12 is ordered to pay restitution under this section is remanded to 13 the jurisdiction of the department of corrections, the court 14 shall provide a copy of the order of restitution to the depart- 15 ment of corrections when the court determines that the individual 16 is remanded to the department's jurisdiction. 17 Sec. 76. (1) For purposes of this section only: 18 (a) "Misdemeanor" means a violation of a law of this state 19 or a local ordinance that is punishable by imprisonment for not 20 more than 1 year or a fine that is not a civil fine, but that is 21 not a felony. 22 (b) "Victim" means an individual who suffers direct or 23 threatened physical, financial, or emotional harm as a result of 24 the commission of a misdemeanor. For purposes of subsections 25 (2), (3), (6), (8), (9), and (13) (14), victim includes a sole 26 proprietorship, partnership, corporation, association, 04932'99 15 1 governmental entity, or any other legal entity that suffers 2 direct physical or financial harm as a result of a misdemeanor. 3 (2) Except as provided in subsection (8), when sentencing a 4 defendant convicted of a misdemeanor, the court shall order, in 5 addition to or in lieu of any other penalty authorized by law or 6 in addition to any other penalty required by law, that the 7 defendant make full restitution to any victim of the defendant's 8 course of conduct that gives rise to the conviction or to the 9 victim's estate. 10 (3) If a misdemeanor results in damage to or loss or 11 destruction of property of a victim of the misdemeanor or results 12 in the seizure or impoundment of property of a victim of the mis- 13 demeanor, the order of restitution may require that the defendant 14 do 1 or more of the following, as applicable: 15 (a) Return the property to the owner of the property or to a 16 person designated by the owner. 17 (b) If return of the property under subdivision (a) is 18 impossible, impractical, or inadequate, pay an amount equal to 19 the greater of subparagraph (i) or (ii), less the value, deter- 20 mined as of the date the property is returned, of that property 21 or any part of the property that is returned: 22 (i) The value of the property on the date of the damage, 23 loss, or destruction. 24 (ii) The value of the property on the date of sentencing. 25 (c) Pay the costs of the seizure or impoundment, or both. 04932'99 16 1 (4) If a misdemeanor results in physical or psychological 2 injury to a victim, the order of restitution may require that the 3 defendant do 1 or more of the following, as applicable: 4 (a) Pay an amount equal to the cost of actual medical and 5 related professional services and devices relating to physical 6 and psychological care. 7 (b) Pay an amount equal to the cost of actual physical and 8 occupational therapy and rehabilitation. 9 (c) Reimburse the victim or the victim's estate for 10 after-tax income loss suffered by the victim as a result of the 11 misdemeanor. 12 (d) Pay an amount equal to the cost of psychological and 13 medical treatment for members of the victim's family that has 14 been incurred as a result of the misdemeanor. 15 (e) Pay an amount equal to the costs of actual homemaking 16 and child care expenses incurred as a result of the misdemeanor. 17 (5) If a misdemeanor resulting in bodily injury also results 18 in the death of a victim, the order of restitution may require 19 that the defendant pay an amount equal to the cost of actual 20 funeral and related services. 21 (6) If the victim or victim's estate consents, the order of 22 restitution may require that the defendant make restitution in 23 services in lieu of money. 24 (7) If the victim is deceased, the court shall order that 25 the restitution be made to the victim's estate. 26 (8) The court shall order restitution to the crime victim 27 services commission or to any individuals, partnerships, 04932'99 17 1 corporations, associations, governmental entities, or other legal 2 entities that have compensated the victim or the victim's estate 3 for a loss incurred by the victim to the extent of the compensa- 4 tion paid for that loss. The court shall also order restitution 5 for the costs of services provided to persons or entities that 6 have provided services to the victim as a result of the 7 misdemeanor. Services that are subject to restitution under this 8 subsection include, but are not limited to, shelter, food, cloth- 9 ing, and transportation. However, an order of restitution shall 10 require that all restitution to a victim or victim's estate under 11 the order be made before any restitution to any other person or 12 entity under that order is made. The court shall not order res- 13 titution to be paid to a victim or victim's estate if the victim 14 or victim's estate has received or is to receive compensation for 15 that loss, and the court shall state on the record with specific- 16 ity the reasons for its action. If an entity entitled to resti- 17 tution under this subsection for compensating the victim or the 18 victim's estate cannot or refuses to be reimbursed for that com- 19 pensation, the restitution paid for that entity shall be depos- 20 ited by the state treasurer in the crime victim's rights fund 21 created under section 4 of 1989 PA 196, MCL 780.904, or its suc- 22 cessor fund. 23 (9) Any amount paid to a victim or victim's estate under an 24 order of restitution shall be set off against any amount later 25 recovered as compensatory damages by the victim or the victim's 26 estate in any federal or state civil proceeding and shall reduce 27 the amount payable to a victim or a victim's estate by an award 04932'99 18 1 from the crime victim services commission made after an order of 2 restitution under this section. 3 (10) THE COURT SHALL ORDER RESTITUTION TO EACH INDIVIDUAL 4 WHO WAS COMPELLED TO APPEAR AS A WITNESS AT A TRIAL OR OTHER PRO- 5 CEEDING LEADING TO THE DEFENDANT'S CONVICTION. THE RESTITUTION 6 FOR EACH WITNESS SHALL BE IN AN AMOUNT EQUAL TO $25.00 FOR EACH 7 HOUR SPENT APPEARING AT THE TRIAL OR OTHER PROCEEDING OR TRAVEL- 8 ING TO AND FROM THE TRIAL OR OTHER PROCEEDING, BUT NOT MORE THAN 9 $200.00. 10 (11) (10) If not otherwise provided by the court under 11 this subsection, restitution shall be made immediately. However, 12 the court may require that the defendant make restitution under 13 this section within a specified period or in specified 14 installments. 15 (12) (11) If the defendant is placed on probation or the 16 court imposes a conditional sentence as provided in section 3 of 17 chapter IX of the code of criminal procedure, 1927 PA 175, MCL 18 769.3, any restitution ordered under this section shall be a con- 19 dition of that probation or sentence. The court may revoke pro- 20 bation or impose imprisonment under the conditional sentence if 21 the defendant fails to comply with the order and if the defendant 22 has not made a good faith effort to comply with the order. In 23 determining whether to revoke probation or impose imprisonment, 24 the court shall consider the defendant's employment status, earn- 25 ing ability, and financial resources, the willfulness of the 26 defendant's failure to pay, and any other special circumstances 27 that may have a bearing on the defendant's ability to pay. 04932'99 19 1 (13) (12) A defendant who is required to pay restitution 2 and who is not in willful default of the payment of the restitu- 3 tion may at any time petition the sentencing judge or his or her 4 successor to modify the method of payment. If the court deter- 5 mines that payment under the order will impose a manifest hard- 6 ship on the defendant or his or her immediate family, the court 7 may modify the method of payment. 8 (14) (13) An order of restitution entered under this sec- 9 tion remains effective until it is satisfied in full. An order 10 of restitution is a judgment and lien against all property of the 11 defendant for the amount specified in the order of restitution. 12 The lien may be recorded as provided by law. An order of resti- 13 tution may be enforced by the prosecuting attorney, a victim, a 14 victim's estate, or any other person or entity named in the order 15 to receive restitution in the same manner as a judgment in a 16 civil action or a lien. 17 (15) (14) Notwithstanding any other provision of this sec- 18 tion, a defendant shall not be imprisoned, jailed, or incarcer- 19 ated for a violation of probation or otherwise for failure to pay 20 restitution as ordered under this section unless the court deter- 21 mines that the defendant has the resources to pay the ordered 22 restitution and has not made a good faith effort to do so. 23 (16) (15) In each case in which payment of restitution is 24 ordered as a condition of probation, the probation officer 25 assigned to the case shall review the case not less than twice 26 yearly to ensure that restitution is being paid as ordered. The 27 final review shall be conducted not less than 60 days before the 04932'99 20 1 probationary period expires. If the probation officer determines 2 that restitution is not being paid as ordered, the probation 3 officer shall file a written report of the violation with the 4 court on a form prescribed by the state court administrative 5 office. The report shall include a statement of the amount of 6 the arrearage and any reasons for the arrearage known by the pro- 7 bation officer. The probation officer shall immediately provide 8 a copy of the report to the prosecuting attorney. If a motion is 9 filed or other proceedings are initiated to enforce payment of 10 restitution and the court determines that restitution is not 11 being paid or has not been paid as ordered by the court, the 12 court shall promptly take action necessary to compel compliance. 13 (17) (16) If the court determines that a defendant who is 14 ordered to pay restitution under this section is remanded to the 15 jurisdiction of the department of corrections, the court shall 16 provide a copy of the order of restitution to the department of 17 corrections when the court determines that the defendant is 18 remanded to the department's jurisdiction. 04932'99 Final page. DRM