[Paragraph I effective until June 1, 2027; see also paragraph I set out below.]
I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by periodic installments in any amounts. The court shall not be required to reduce the total obligation as a result of the offender's inability to pay. The offender shall bear the burden of demonstrating lack of ability to pay. Restitution shall be paid by the offender to the department of corrections unless otherwise ordered by the court. Monetary restitution shall not bear interest. Restitution shall be made to any collateral source or subrogee, if authorized by that source and after restitution to the victim, and to the victims' assistance fund, if applicable, has been satisfied. Restitution shall be a continuing obligation of the offender's estate and shall inure to the benefit of the victim's estate, provided that no indebtedness shall pass to any heir of the offender's estate.
[Paragraph I effective June 1, 2027; see also paragraph I set out above.]
I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by periodic installments in any amounts. The court shall not be required to reduce the total obligation as a result of the offender's inability to pay. The offender shall bear the burden of demonstrating lack of ability to pay. Restitution shall be paid by the offender to the department of corrections unless otherwise ordered by the court. Monetary restitution shall not bear interest, except as authorized by this section. Restitution shall be made to any collateral source or subrogee, if authorized by that source and after restitution to the victim, and to the victims' assistance fund, if applicable, has been satisfied. Restitution shall be a continuing obligation of the offender's estate and shall inure to the benefit of the victim's estate, provided that no indebtedness shall pass to any heir of the offender's estate.
II. The department of corrections shall have continuing authority over the offender for purposes of enforcing restitution until the restitution order is satisfied.
[Paragraph III effective until June 1, 2027; see also paragraph III set out below.]
III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution.
[Paragraph III effective June 1, 2027; see also paragraph III set out above.]
III. (a) The department of corrections shall conduct a mandatory reevaluation of each offender's financial ability to pay restitution at least once every 12 months.
(b) If a reevaluation determines that the offender's ability to pay has substantially increased, including but not limited to salary increases, lump sum payments, inheritance, settlement, or other financial gain, the department shall adjust the payment schedule upward within 30 days.
(c) Any adjustment shall apply retroactively to the date of the increase, with arrears added to the balance owed.
(d) Any such adjustment shall trigger immediate notification to the victim pursuant to paragraph VI.
(e) Each reevaluation shall also include a review of the offender's payment history. If the offender has missed payments, paid less than ordered without good cause, or intentionally delayed payments, the department shall initiate enforcement measures pursuant to paragraph IV.
(f) The offender shall promptly notify the department of corrections of any change in their ability to pay that occurs outside the reevaluation period.
[Paragraph IV effective June 1, 2027.]
IV. For any incarcerated offender, the department of corrections shall automatically deduct 10 percent of all incoming monies from the offender's resident account to pay restitution unless otherwise precluded by court order.
[Paragraph V effective June 1, 2027.]
V. (a) In the event of noncompliance, the department of corrections shall initiate enforcement actions, which may include:
(1) Wage garnishment.
(2) Interception of tax refunds.
(3) Placement of liens on real property and assets.
(4) Referral to the appropriate prosecuting authority for consideration of prosecution for contempt, pursuant to RSA 651:67.
(b) Intentional nonpayment shall result in interest accruing on the unpaid balance at the civil judgment rate established pursuant to RSA 336:1, II, together with a financial penalty, as established by rule, designed to deter noncompliance.
[Paragraph VI effective June 1, 2027.]
VI. (a) The department of corrections shall provide written notice to victims within 30 days of any reevaluation results, payment schedule changes, or enforcement actions taken.
(b) In the absence of any change, the department of corrections shall provide quarterly payment status updates to victims unless the victim elects otherwise in writing.
(c) If restitution payments will be delayed for any reason, including administrative or technical delays, the department of corrections shall provide the victim with written notice explaining the reason for the delay and the expected payment date.
[Paragraph VII effective June 1, 2027.]
VII. The department of corrections, or any agent acting on its behalf, shall disburse all restitution payments to victims within 45 days of receipt of the funds from the offender or the offender's financial institution. In the event that disbursement is disrupted for any reason, the department of corrections shall notify the victim in writing of the delay, the reason for the disruption, and the anticipated date of payment.
[Paragraph VIII effective June 1, 2027.]
VIII. The original prosecuting authority shall continue to provide victim services for the victim until all restitution orders have been fully satisfied.
Source. 1981, 329:2. 1994, 190:2. 1996, 286:7, eff. July 1, 1997. 2026, 233:2, 3, eff. June 1, 2027.