13-804

13-804. Restitution for offense causing
economic loss; fine for reimbursement of public monies

A. Upon a defendant's conviction for an offense causing economic loss to any
person, the court, in its sole discretion, may order that all or any portion of the fine
imposed be allocated as restitution to be paid by the defendant to any person who
suffered an economic loss caused by the defendant's conduct.

B. In ordering restitution for economic loss pursuant to section 13-603, subsection
C or subsection A of this section, the court shall consider all losses caused by the
criminal offense or offenses for which the defendant has been convicted.

C. The court shall not consider the economic circumstances of the defendant in
determining the amount of restitution.

D. Restitution payments that are ordered pursuant to section 13-603 and this
section shall not be stayed if the defendant files a notice of appeal, and the payments
may be held by the court pending the outcome of an appeal.

E. After the court determines the amount of restitution, the court or a staff
member designated by the court, including a probation officer, shall specify the manner
in which the restitution is to be paid. In deciding the manner in which the restitution
is to be paid, the court or a staff member designated by the court, including a probation
officer, shall make reasonable efforts to contact any victim who has requested notice
pursuant to sections 13-4415 and 13-4417, shall take into account the views of the victim
and shall consider the economic circumstances of the defendant. In considering the
economic circumstances of the defendant, the court shall consider all of the defendant's
assets and income, including workers' compensation and social security benefits. The
court shall make all reasonable efforts to ensure that all persons entitled to
restitution pursuant to a court order promptly receive full restitution. The court may
enter any reasonable order necessary to accomplish this. If a victim has received
reimbursement for the victim's economic loss from an insurance company, a crime victim
compensation program funded pursuant to section 41-2407 or any other entity, the court
shall order the defendant to pay the restitution to that entity. If a victim has
received only partial reimbursement for the victim's economic loss, the court shall order
the defendant to pay restitution first to the victim and then to the entity that
partially reimbursed the victim. If a probation, parole or community supervision officer
has reason to believe that court ordered restitution is not being made, the officer shall
report to the court supervising the probationer or the board of executive clemency that
the defendant has failed to make restitution in a timely manner and the court or the
board of executive clemency may revoke the defendant's probation, parole or community
supervision.

F. If more than one defendant is convicted of the offense which caused the loss,
the defendants are jointly and severally liable for the restitution.

G. If the court does not have sufficient evidence to support a finding of the
amount of restitution or the manner in which the restitution should be paid, it may
conduct a hearing upon the issue according to procedures established by rule of
court. The court may call the defendant to testify and to produce information or
evidence. The state does not represent persons who have suffered economic loss at the
hearing but may present evidence or information relevant to the issue of restitution.

H. After making the determinations in subsection B of this section the trial court
shall enter a restitution order for each defendant which sets forth all of the following:

1. The total amount of restitution the defendant owes all persons.

2. The total amount of restitution owed to each person.

3. The manner in which the restitution is to be paid.

I. The restitution order under subsection H of this section may be supported by
evidence or information introduced or submitted to the court before sentencing or any
evidence previously heard by the judge during the proceedings.

J. A restitution lien shall be created in favor of the state for the total amount
of the restitution, fine, surcharges, assessments, costs, incarceration costs and fees
ordered, if any.

K. Notwithstanding any other law, a restitution lien is created in favor of a
victim of the defendant ordered to make restitution. Monies received monthly from the
defendant shall be applied first to satisfy the restitution order entered by the court
and the payment of any restitution in arrears. Any monies that are owed by this state to
a person who is under a restitution order shall be assigned first to discharge the
restitution order, including any tax refund that is owed to the defendant.

L. If the defendant, the state or persons entitled to restitution pursuant to a
court order disagree with the manner of payment established in subsection E of this
section, the defendant, court or person entitled to restitution may petition the court at
any time to change the manner in which the restitution is paid. Before modifying the
order pertaining to the manner in which the restitution is paid, the court shall give
notice and an opportunity to be heard to the defendant, the state and, upon request,
persons entitled to restitution pursuant to a court order.