1 Legislative Findings and Purpose. The general court finds that restitution is a court-ordered obligation intended to help victims recover from the harm caused by crime. The current statutory framework does not provide sufficient safeguards to ensure timely disbursement of restitution, consistent enforcement of payment obligations, or regular review of an offender's ability to pay. Too often, victims are left waiting for payments or without clear communication regarding enforcement. It is therefore the purpose of this act to modernize New Hampshire's restitution system by requiring mandatory financial reevaluations, strengthening enforcement mechanisms, improving victim communication, requiring prompt disbursement of collected funds, and extending restitution obligations to a victim's estate when appropriate. These reforms are remedial in nature and shall apply to both current and future restitution orders, so that all victims may benefit from the protections herein provided.

2 Restitution; Time and Method. Amend RSA 651:64, I to read as follows:

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.

3 Restitution; Time and Method; Enforcement. RSA 651:64, III is repealed and reenacted to read as follows:

III.(a) The department of corrections shall conduct a mandatory reevaluation of each offender's financial ability to pay restitution at least once every 12 months.

(b) If a reevaluation determines that the offender's ability to pay has substantially increased, including but not limited to salary increases, lump sum payments, inheritance, settlement, or other financial gain, the department shall adjust the payment schedule upward within 30 days.

(c) Any adjustment shall apply retroactively to the date of the increase, with arrears added to the balance owed.

(d) Any such adjustment shall trigger immediate notification to the victim pursuant to paragraph V.

(e) Each reevaluation shall also include a review of the offender's payment history. If the offender has missed payments, paid less than ordered without good cause, or intentionally delayed payments, the department shall initiate enforcement measures pursuant to paragraph IV.

(f) The offender shall promptly notify the department of corrections of any change in their ability to pay that occurs outside the reevaluation period.

IV. For any incarcerated offender, the department of corrections shall automatically deduct 10 percent of all incoming monies from the offender's resident account to pay restitution unless otherwise precluded by court order.

V.(a) In the event of noncompliance, the department of corrections shall initiate enforcement actions, which may include:

(1) Wage garnishment.

(2) Interception of tax refunds.

(3) Referral for suspension of applicable state-issued licenses, including but not limited to driver's licenses and professional licenses.

(4) Placement of liens on real property and assets.

(5) Referral to the appropriate prosecuting authority for consideration of criminal proceedings, pursuant to RSA 651:67.

(b) Intentional nonpayment shall result in interest accruing on the unpaid balance at the civil judgment rate established pursuant to RSA 336:1, II, together with a financial penalty, as established by rule, designed to deter noncompliance.

VI.(a) The department of corrections shall provide written notice to victims within 30 days of any reevaluation results, payment schedule changes, or enforcement actions taken.

(b) In the absence of any change, the department of corrections shall provide quarterly payment status updates to victims unless the victim elects otherwise in writing.

(c) If restitution payments will be delayed for any reason, including administrative or technical delays, the department of corrections shall provide the victim with written notice explaining the reason for the delay and the expected payment date.

VII. The department of corrections, or any agent acting on its behalf, shall disburse all restitution payments to victims within 45 days of receipt of the funds from the offender or the offender's financial institution. In the event that disbursement is disrupted for any reason, the department of corrections shall notify the victim in writing of the delay, the reason for the disruption, and the anticipated date of payment.

VIII. The original prosecuting authority shall continue to provide victim services for the victim until all restitution orders have been fully satisfied.

4 New Paragraph; Restitution; Failure to Make Payment. Amend RSA 651:67 by inserting after paragraph II the following new paragraph:

III. A person shall by guilty of a class A misdemeanor for purposely failing to make a restitution payment.

5 Application. The provisions of this section are remedial in nature and shall apply to all existing restitution orders as of the effective date of this section, as well as to all future restitution orders.

6 Effective Date. This act shall take effect June 1, 2027.

1 Legislative Findings and Purpose. The general court finds that restitution is a court-ordered obligation intended to help victims recover from the harm caused by crime. The current statutory framework does not provide sufficient safeguards to ensure timely disbursement of restitution, consistent enforcement of payment obligations, or regular review of an offender's ability to pay. Too often, victims are left waiting for payments or without clear communication regarding enforcement. It is therefore the purpose of this act to modernize New Hampshire's restitution system by requiring mandatory financial reevaluations, strengthening enforcement mechanisms, improving victim communication, requiring prompt disbursement of collected funds, and extending restitution obligations to a victim's estate when appropriate. These reforms are remedial in nature and shall apply to both current and future restitution orders, so that all victims may benefit from the protections herein provided.

2 Restitution; Time and Method. Amend RSA 651:64, I to read as follows:

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 , except as authorized by this section . 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.

3 Restitution; Time and Method; Enforcement. RSA 651:64, III is repealed and reenacted to read as follows:

III.(a) The department of corrections shall conduct a mandatory reevaluation of each offender's financial ability to pay restitution at least once every 12 months.

(b) If a reevaluation determines that the offender's ability to pay has substantially increased, including but not limited to salary increases, lump sum payments, inheritance, settlement, or other financial gain, the department shall adjust the payment schedule upward within 30 days.

(c) Any adjustment shall apply retroactively to the date of the increase, with arrears added to the balance owed.

(d) Any such adjustment shall trigger immediate notification to the victim pursuant to paragraph V.

(e) Each reevaluation shall also include a review of the offender's payment history. If the offender has missed payments, paid less than ordered without good cause, or intentionally delayed payments, the department shall initiate enforcement measures pursuant to paragraph IV.

(f) The offender shall promptly notify the department of corrections of any change in their ability to pay that occurs outside the reevaluation period.

IV. For any incarcerated offender, the department of corrections shall automatically deduct 10 percent of all incoming monies from the offender's resident account to pay restitution unless otherwise precluded by court order.

V.(a) In the event of noncompliance, the department of corrections shall initiate enforcement actions, which may include:

(1) Wage garnishment.

(2) Interception of tax refunds.

(3) Referral for suspension of applicable state-issued licenses, including but not limited to driver's licenses and professional licenses.

(4) Placement of liens on real property and assets.

(5) Referral to the appropriate prosecuting authority for consideration of criminal proceedings, pursuant to RSA 651:67.

(b) Intentional nonpayment shall result in interest accruing on the unpaid balance at the civil judgment rate established pursuant to RSA 336:1, II, together with a financial penalty, as established by rule, designed to deter noncompliance.

VI.(a) The department of corrections shall provide written notice to victims within 30 days of any reevaluation results, payment schedule changes, or enforcement actions taken.

(b) In the absence of any change, the department of corrections shall provide quarterly payment status updates to victims unless the victim elects otherwise in writing.

(c) If restitution payments will be delayed for any reason, including administrative or technical delays, the department of corrections shall provide the victim with written notice explaining the reason for the delay and the expected payment date.

VII. The department of corrections, or any agent acting on its behalf, shall disburse all restitution payments to victims within 45 days of receipt of the funds from the offender or the offender's financial institution. In the event that disbursement is disrupted for any reason, the department of corrections shall notify the victim in writing of the delay, the reason for the disruption, and the anticipated date of payment.

VIII. The original prosecuting authority shall continue to provide victim services for the victim until all restitution orders have been fully satisfied.

4 New Paragraph; Restitution; Failure to Make Payment. Amend RSA 651:67 by inserting after paragraph II the following new paragraph:

III. A person shall by guilty of a class A misdemeanor for purposely failing to make a restitution payment.

5 Application. The provisions of this section are remedial in nature and shall apply to all existing restitution orders as of the effective date of this section, as well as to all future restitution orders.

6 Effective Date. This act shall take effect June 1, 2027.