SENATE MEMORIAL 84

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Kent L. Cravens

A MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE DISTRICT ATTORNEYS TO GUIDE AND ASSIST VICTIMS OF CRIME IN ENFORCING ORDERS OF RESTITUTION IN MEMORY OF REECE MICHAEL NORD.

     WHEREAS, although the failure of an offender to comply with an order of restitution constitutes a violation of the offender's probation and parole, once the probationary or parole term expires, the court no longer has jurisdiction and cannot enforce restitution payments; and

     WHEREAS, a court without jurisdiction to enforce restitution payments pursuant to its order leaves offenders without an incentive to continue paying restitution to the victims; and

     WHEREAS, offenders start anew after completion of their sentence while victims live as survivors of crime, and, after enduring the court process, which may take years, victims of crime rarely receive the full restitution ordered by the court; and

     WHEREAS, when offenders do not pay the restitution in full, victims bear the burden of enforcing the court order for the remaining amounts due; and

     WHEREAS, Section 31-17-1 NMSA 1978 states that an order of restitution constitutes a judgment and lien against all of the defendant's property and may be enforced in the same manner as a civil judgment; and

     WHEREAS, victims need the assistance of local district attorneys and victim advocates to guide them through the civil process of securing a lien against the offender's property, pursuing garnishment and otherwise enforcing the order of restitution;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the administrative office of the district attorneys be requested to examine the issue of restitution payments to victims and study possible solutions, including how to guide, educate and assist victims in enforcing orders of restitution and otherwise receiving the full restitution to which they are entitled; and

     BE IT FURTHER RESOLVED that the administrative office of the district attorneys report on this study to the appropriate interim legislative committee before October 2011; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the director of the administrative office of the district attorneys.

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