O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) A restitution order shall be enforceable as is a civil judgment by execution as provided in Code Section 17-10-20. (b) If an offender or other person ordered to pay restitution willfully refuses to comply with a restitution order, the order, in the discretion of the court, may be enforced by attachment for contempt, upon the application of the prosecuting attorney or the victim. (c) Failure to comply with a restitution order may, in the discretion of the ordering authority, be grounds to revoke or cancel the relief at any time the restitution order is in effect. Where the relief is earned time allowances, the Department of Corrections may suspend the offender from earning earned time allowances for a specified period of time.
History
Code 1933, § 27-3013, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L.
1982, p. 3, § 17; Ga. L. 1985, p. 231, § 1; Ga. L. 2005, p. 88, § 5/HB 172.
Annotations
Editor’s notes. - Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: ‘‘This Act shall be
known and may be cited as the ‘Crime Victims Restitution Act of 2005.’ ’’
JUDICIAL DECISIONS Order of restitution is debt within meaning of Bankruptcy Code. - Victim who is the subject of an order of restitution has a cause of action in the victim’s own right for enforcement of the order. Therefore, an order of restitution is a debt within the ambit of 11 U.S.C. § 1328. Newton v. Fred Haley Poultry Farm, 15 Bankr. 708 (Bankr. N.D. Ga. 1981). Before O.C.G.A. § 17-14-13 becomes operative, there must be a restitution
order which is a condition of any relief ordered and the relief must have been accepted by the offender or inmate. Conklin v. Zant, 202 Ga. App. 214, 413 S.E.2d 536 (1991). Cited in Cargill v. Zant, 207 Ga. App. 393, 427 S.E.2d 809 (1993); Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008); Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008).
OPINIONS OF THE ATTORNEY GENERAL Criminal conviction as prerequisite to restitution. - Valid orders of the court are enforceable under the general
contempt authority, but restitution orders may only be entered upon a criminal conviction. 1987 Op. Att’y Gen. No. U87-8.
Notes of Decisions
Kelly v. Robinson, 479 U.S. 36 (1986).
· cites it 2× “§ 3579 (h) (any order of restitution imposed by a federal court "may be enforced by the United States or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action"); Ga.”
Garrett v. State, 333 S.E.2d 432 (Ga. Ct. App. 1985).
· cites it 2× “” OCGA § 17-14-13 (a). A defendant can even offer a restitution plan, and thus the element of settlement is introduced.”
Grant v. Newsome, 411 S.E.2d 796 (Ga. Ct. App. 1991).
· cites it 2× “OCGA § 17-14-13, authorizing the seizure of money from a prisoner’s inmate account for payment of court-ordered restitution as a result of damage to state property by the inmate, and OCGA § 9-10-14 (c), authorizing prison officials to remit money from an inmate account in order…”
Harris v. State, 413 S.E.2d 439 (Ga. 1992).
· cites it 2× “660, 668 (103 SC 2064, 76 LE2d 221) (1983); OCGA §§ 17-14-13 (c); 17-10-1 (a). Thus, as the dissenting judges below concluded, restitution “is inextricably linked to the punitive aspects of the offender’s sentence.”
Patterson v. State, 658 S.E.2d 210 (Ga. Ct. App. 2008).
· cites it 2× “Moreover, [although a restitution order is enforceable as is a civil judgment by execution, OCGA § 17-14-13 (a), it does not bar a civil action against the offender.”
Cargill v. Zant, 427 S.E.2d 809 (Ga. Ct. App. 1993).
· cites it 4× “” OCGA § 17-14-13 (d). Cargill’s pleading has not set forth a justiciable issue of law or fact.”
Total Supply, Inc. v. Pridgen, 598 S.E.2d 805 (Ga. Ct. App. 2004).
· cites it 2× “Although a restitution order is enforceable as is a civil judgment by execution, OCGA § 17-14-13 (a), it does not bar a civil action against the offender.”
Harris v. State, 410 S.E.2d 123 (Ga. Ct. App. 1991).
· cites it 2× “OCGA § 17-14-13. Thus, as is readily discerned from the statutory provision governing restitution, such an award is not punishment any more than are civil damages awarded to make whole a party who has incurred losses because of another party’s breach of a statutory, contractual…”
State v. Nelson, 766 P.2d 471 (Wash. Ct. App. 1988).
“Besides the federal statute authorizing civil enforcement of a restitution order, a number of state sentencing statutes which authorize restitution contain a similar provision, e.”
Conklin v. Zant, 413 S.E.2d 536 (Ga. Ct. App. 1991).
· cites it 4× “However, the superior court concluded that defendants’ actions in seizing plaintiff’s funds were authorized by OCGA § 17-14-13. OCGA § 17-14-1 et seq. was enacted to implement the public policy that “restitution to their victims by those found guilty of crimes is a primary…”
Cameron v. Pickering, 467 S.E.2d 210 (Ga. Ct. App. 1996).
· cites it 2× “OCGA § 17-14-13 (a) states that “a restitution order shall be enforceable as is a civil judgment by execution.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.