Maine Revised Statutes Title 17-A Sec. 2007 – Income withholding order
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1. Instructions for employer. When restitution is required of an offender who will not be commencing service of a period of institutional confinement, who does not receive a sentence that includes a period of probation and who is employed, the court shall, at the time of ordering restitution, enter a separate order for income withholding. When restitution is required of an offender who receives a sentence that includes a period of probation and who is employed, upon application of the offender’s probation officer, the court shall enter a separate order for income withholding. The withholding order must direct the employer to deduct from all income due and payable to the offender an amount determined pursuant to section 2006 to meet the offender’s restitution obligation. The withholding order must include an instruction to the employer that upon receipt of a copy of the withholding order the employer shall:
A. Immediately begin to withhold the offender’s income when the offender is usually paid; [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Send each amount withheld to the agency to which restitution has been ordered to be paid at the address set forth in the order within 7 business days of the withholding; and [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. Identify each amount sent to the agency by indicating the court’s docket number. [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 17-A Sec. 2007
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Offender: means an individual or an organization convicted of a crime. See Maine Revised Statutes Title 17-A Sec. 2002
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: means :
A. See Maine Revised Statutes Title 17-A Sec. 2002Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Term of order. The income withholding order is effective as long as the order for restitution upon which it is based is effective, including after a defendant is no longer in the custody or under the supervision of the Department of Corrections and has not paid the restitution in full as described in section 2011, or until further order of the court.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).