Perhaps he meant these? The law gets changed effective 7/01.
(1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days. . . . The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances. . . .
For the purposes of this section, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during either the initial ten-year period or subsequent ten-year period if the criminal judgment is extended, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department of corrections.
. . . For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. For an offense committed on or after July 1, 2000, the offender shall remain under the court's jurisdiction until the obligation is completely satisfied, regardless of the statutory maximum for the crime. . . .
I see 2 issues: whether they can put you in jail at all & whether they can make you pay any money in the future.
If your supervision began more than 10 years ago & wasn't extended before 10/1/00, the court can't extend it now. The statutes say the extension must be made "prior to" the expiration of the 10 year period. Your CCO waited too long to bring the motion. Be sure you take in the paperwork showing that your supervision started on 10/1/90. Since it will be 10/18/00 when you go to court, argue that it's too late & the court cannot extend your restitution payment time period to 20 years. 10 years have passed; you are no longer under the court's jurisdiction.
If your restitution payment period is over & was never extended another 10 years, you can argue that the court can't put you in jail. Since the restitution is no longer collectible, the judge can't hold you in contempt or violate you for not paying it. Also, there's no reason to put you in jail for the past violation -- any restitution they haven't gotten yet they can't get now.
Without seeing your paperwork & reading a few cases, I can't say whether these arguments will work. However, you should at least raise them to preserve the issue for appeal. Be sure to take copies of the laws to court with you, with the relevant sentences highlighted for the judge.
Can you visit legal aid or the public defender's office & request an attorney for the hearing?
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected]
- please include some facts so I know who you are!
[This message has been edited by Tracey (edited October 14, 2000).]