Current through Register Vol. 43, No. 39, September 26, 2024
(a) When
restitution is used in the disciplinary process, the following requirements and
limitations shall apply:
(1) The amount and
manner of payment of restitution imposed may be appealed in the same manner and
to the same extent as those for any other appeal of sentence in the
disciplinary process.
(2) The
amount of restitution ordered shall be fair and shall not be used in a way that
disrupts family support payments, tax payments, or courtordered restitution.
(3) No offender shall be required
to continue payment on any restitution imposed under these regulations while
released from confinement. If the offender is readmitted to a juvenile
correctional facility, any balance due on the order of restitution may be
collected.
(4) Restitution shall
be paid out of money available to the offender from any legitimate source of
funds, including any gainful work program. Restitution payment shall be limited
to a reasonable amount and, if proper under the circumstances, shall be made in
installments.
(5) The offender
shall be given notice, not later than the beginning of the disciplinary
hearing, of the basis for seeking restitution and shall be given an opportunity
during the disposition phase of the disciplinary proceedings to present
evidence regarding the appropriate amount of restitution. The hearing officer
shall limit the evidence to a reasonable amount and extent appropriate to the
nature of the administrative hearing, the level of the offense, and the extent
of possible impact on the offender's resources.
(b) If restitution is paid to the state, the
money shall be deposited in the state general fund. If restitution is paid to
another offender, the money shall be transferred from the account of the
offender payer to the account of the offender payee after the conclusion of the
entire disciplinary process, including any appeal. If restitution is paid to
any other person, the hearing officer shall determine how payment is to be
made, and the payment arrangements shall be reviewed by the superintendent for
consideration for approval.
This regulation shall be effective on and after April 8, 2005.
