CORRECTIONS CODE OF 1953
Act 232 of 1953
791.220h Order of restitution; deductions and payments.
Sec. 20h.
(1) If a prisoner is ordered to pay restitution to the victim of a crime and the department receives a copy of the restitution order from the court, the department shall deduct 50% of the funds received by the prisoner in a month over $50.00 for payment of restitution. The department shall promptly forward the restitution amount to the crime victim as provided in the order of restitution when the amount exceeds $100.00, or the entire amount if the prisoner is paroled, transferred to community programs, or is discharged on the maximum sentence. The department shall notify the prisoner in writing of all deductions and payments made under this section. The requirements of this subsection remain in effect until all of the restitution has been paid.
(2) Any funds owed by the Michigan department of corrections or to be paid on behalf of one or more of its employees to satisfy a judgment or settlement to a person for a claim that arose while the person was incarcerated, shall be paid to satisfy any order(s) of restitution imposed on the claimant that the department has a record of. The payment shall be made as described in subsection (1). The obligation to pay the funds, described in this section, shall not be compromised. As used in this section, "fund" or "funds" means that portion of a settlement or judgment that remains to be paid to a claimant after statutory and contractual court costs, attorney fees, and expenses of litigation, subject to the court's approval, have been deducted.
(3) The department shall not enter into any agreement with a prisoner that modifies the requirements of subsection (1). Any agreement in violation of this subsection is void.
History: Add. 1996, Act 559, Eff. June 1, 1997
PopularName Notes:
Department of Corrections Act
Notes of Decisions
Neal v. Dep't of Corr., 824 N.W.2d 285 (Mich. Ct. App. 2012).
· cites it 8× “At issue are the provisions of MCL 791.220h and MCL 600.5511. MCL 791.220h provides as follows: (1) If a prisoner is ordered to pay restitution to the victim of a crime and the department receives a copy of the restitution order from the court, the department shall deduct 50% of…”
People v. Banks, 769 N.W.2d 221 (Mich. 2008).
“00, or the entire amount if the prisoner is paroled, is transferred to community programs, or is discharged on the maximum sentence.”
Tracy Neal v. Dep't of Corr. (Mich. 2011).
· cites it 3× “MCL 791.220h provides: (1) If a prisoner is ordered to pay restitution to the victim of a crime and the department receives a copy of the restitution order from the court, the department shall deduct 50% of the funds received by the prisoner in a month over $50.”
People of Michigan v. Ryan David Devellis (Mich. Ct. App. 2016).
“The department of corrections shall give an order of restitution under section 20h of the corrections code of 1953, 1953 PA 232 , MCL 791.220h, or the crime victim’s rights act, 1985 PA 87 , MCL 780.”
People of Michigan v. Dallas Robert Jahncke Jr (Mich. Ct. App. 2017).
“The order states that the trial court found defendant had or would have the ability to pay the financial obligations ordered by the court, that defendant owed a balance of $2,519, excluding restitution, and the money was to be collected by the Department of Corrections in…”
People of Michigan v. Steven Aderrick Odom (Mich. Ct. App. 2019).
“Here, defendant asserted that he does not have more than $50 in his account and that he only receives $9 per month, meaning that the department was prohibited from remitting any funds from defendant’s prisoner account for the payment of restitution.”
— Mich. Comp. Laws § 791.220h(2) — 1 case
Tracy Neal v. Dep't of Corr. (Mich. 2011).
“MCL 791.220h provides: (1) If a prisoner is ordered to pay restitution to the victim of a crime and the department receives a copy of the restitution order from the court, the department shall deduct 50% of the funds received by the prisoner in a month over $50.”
— Mich. Comp. Laws § 791.220h(l) — 1 case
Neal v. Dep't of Corr., 824 N.W.2d 285 (Mich. Ct. App. 2012).
“At issue are the provisions of MCL 791.220h and MCL 600.5511. MCL 791.220h provides as follows: (1) If a prisoner is ordered to pay restitution to the victim of a crime and the department receives a copy of the restitution order from the court, the department shall deduct 50% of…”
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