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NEW HAMPSHIRE STATUTES AND CODES

Section 651:64 Time and Method of Restitution.


   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.
   II. The department of corrections shall have continuing authority over the offender for purposes of enforcing restitution until the restitution order is satisfied.
   III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution.

Source. 1981, 329:2. 1994, 190:2. 1996, 286:7, eff. July 1, 1997.

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