State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_36

§15A‑1340.36.  Determination of restitution.

(a)        In determining theamount of restitution to be made, the court shall take into consideration theresources of the defendant including all real and personal property owned bythe defendant and the income derived from the property, the defendant's abilityto earn, the defendant's obligation to support dependents, and any othermatters that pertain to the defendant's ability to make restitution, but thecourt is not required to make findings of fact or conclusions of law on thesematters. The amount of restitution must be limited to that supported by therecord, and the court may order partial restitution when it appears that thedamage or loss caused by the offense is greater than that which the defendantis able to pay. If the court orders partial restitution, the court shall stateon the record the reasons for such an order.

(b)        The court mayrequire the defendant to make full restitution no later than a certain date or,if the circumstances warrant, may allow the defendant to make restitution ininstallments over a specified time period.

(c)        When an activesentence is imposed, the court shall consider whether it should recommend tothe Secretary of Correction that restitution be made by the defendant out of anyearnings gained by the defendant if the defendant is granted work‑releaseprivileges, as provided in G.S. 148‑33.2. The court shall also considerwhether it should recommend to the Post‑Release Supervision and ParoleCommission that restitution by the defendant be made a condition of any paroleor post‑release supervision granted the defendant, as provided in G.S.148‑57.1. (1998‑212, s. 19.4(d).)