Rule 6-303. Collection of fines and restitution.

Intent:

To provide consistency in the collection of all fines and restitution ordered by the District Court.

Applicability:

This rule shall apply to all District Courts, the Department of Corrections and the Office of State Debt Collection.

Statement of the Rule:

(1) Upon order of the court, the Department of Corrections shall be responsible for the collection and distribution of fines and restitution during the probation period in cases where the court orders supervised probation by the Department.

(2) If a defendant fails to pay the amount of fines and restitution ordered by the court pursuant to the payment schedule established by the Department, the Department shall file a progress/violation report with the court. The report shall contain any explanation concerning the defendant's failure to pay and a recommendation as to whether the defendant's probation should be modified, continued, terminated or revoked or whether the defendant should be placed on bench probation for the limited purpose of enforcing the payment of fines or restitution.

(3) If the court orders the defendant placed on bench probation for the purpose of enforcing the payment of fines and restitution, the court shall notify the defendant of such order.

(4) The court shall transfer an account to the Office State Debt Collection for collection as required by statute.