Title 13, Criminal Code

A. The court shall order a person who is convicted of a misdemeanor offense and who is sentenced to a term of incarceration to reimburse the political subdivision that is responsible for the costs of the person's incarceration for the incarceration costs. B. The court may determi…

A. The trial court shall retain jurisdiction of the case as follows: 1. Subject to paragraph 2 of this subsection, for purposes of ordering, modifying and enforcing the manner in which court-ordered payments are made until paid in full or until the defendant's sentence expires. 2…

A. The state or any person entitled to restitution pursuant to a court order may file in accordance with this section a restitution lien. A filing fee, a recording fee or any other charge is not required for filing or releasing a restitution lien. B. A restitution lien shall be s…

A defendant who is convicted in a criminal proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this state against the criminal defendant the essential allegations of the criminal offense of which he was adjudged guilty, including jud…

A. If a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court or a probation officer or a staff member designated by the court may grant permission for payment to be made within a specified period of time or in specified installments. If no su…

A. If a defendant is sentenced to pay a fine or incarceration costs, payment and enforcement of restitution take priority over payment to the state. B. Section 13-804 does not apply to traffic offenses, except for a violation of section 28-661, 28-662, 28-693, 28-1381, 28-1382 or…

A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a surcharge, a fee, an assessment or incarceration costs defaults in the payment of the fine, surcharge, fee, assessment or…

A. Except as provided in subsections B and C of this section, all fines collected in any court, except municipal courts, shall be paid to the county treasurer of the county in which the court is held. All fines collected in the superior court for violation of a city or town ordin…

A. After a hearing on an order to show cause pursuant to section 13-810, subsection A or B or after a hearing on a petition to revoke probation, the court may issue a writ of criminal garnishment for any fine, surcharge, fee, assessment, restitution or incarceration costs. B. The…

A. The court shall direct the writ of criminal garnishment to the sheriff, the constable or any other officer who is authorized by law to serve process in the county in which the garnishee is alleged to be. The writ shall summon the garnishee to immediately appear to answer the w…

A. If the lawful owner of stolen property recovers the property from a pawnbroker or dealer and the person who sold or pledged the property to the pawnbroker or dealer is convicted of a violation of law that is related to the stolen or pledged property, the court shall order the …

A. If the writ of criminal garnishment is for earnings of the defendant, the writ is a lien on the earnings of the defendant from the date of service on the garnishee until any of the following occurs: 1. An order of continuing lien is entered. 2. If an order is not entered, with…

A. The garnishee shall answer the writ of criminal restitution in the court issuing the writ within ten days after being served. B. If the writ of criminal garnishment is for earnings of the defendant, the garnishee shall answer pursuant to section 12-1598.08. If the writ of crim…

A. A party who has an objection to the writ of garnishment or the answer may file a written objection and may request a hearing. The party shall state the grounds for objection in writing and shall deliver copies of the objection to all of the parties to the writ. B. The court sh…

A. If the garnishee's answer shows that the garnishee holds indebtedness or monies of the defendant, the court shall enter an order of criminal garnishment that requires the garnishee to immediately transfer the indebtedness or monies to the victim or to the court, the clerk of t…

A. The party who obtains the writ of garnishment for earnings shall deliver a copy of the order on the writ to the garnishee and the defendant. B. After service or delivery of the order is made, section 12-1598.10 applies, except that "judgment creditor" includes a victim or the …

If the garnishee fails to comply with the terms of the order of criminal garnishment within thirty days after receiving the order, the victim or the court, the clerk of the court or the prosecuting attorney may petition the court for an order to show cause why the garnishee shoul…

A. In addition to any other fine or restitution, if a person is convicted of or adjudicated delinquent for a violation of chapter 34 of this title, the court may order the person to pay a fine in one of the following amounts: 1. For a first offense, at least one thousand dollars.…

A. If based on any evidence or information introduced or submitted to the court before sentencing or on any evidence that was previously heard at trial the court finds by a preponderance of the evidence that an enterprise had an effective program to prevent and detect violations …

A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to section 13-822, the court may subject an enterprise to five times the maximum fine authorized by section 13-803 if based on any evidence that was introduced before s…

A. Notwithstanding any other law, if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, on the defendant's request the court may order the defendant to perform community restitut…

A. A judge may mitigate a fine if the defendant who is ordered to pay the fine demonstrates that the payment would work a hardship on the defendant or on the defendant's immediate family, except that a judge may not mitigate a fine imposed pursuant to section 28-1381, 28-1382 or …