When a judge orders restitution, the judge shall:

1. (1) Order the restitution to be paid to a specific person or organization through the circuit clerk, who shall disburse the moneys as ordered by the court;
2. (2) Be responsible for overseeing the collection of restitution;
3. (3) Set the amount of restitution to be paid;
4. (4) Set the amount and frequency of each restitution payment or require the payment to be made in a lump sum;
5. (5) Monitor the payment of the restitution to assure that payment is being made;
6. (6) If restitution is not being paid as ordered, hold a hearing to determine why the restitution is not being paid; If the restitution is not being paid and no good reason exists therefor, institute sanctions against the defendant; and
7. (7)
8. (8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order have been successfully completed.

Effective: July 15, 1998

History: Created 1998 Ky. Acts ch. 606, sec. 46, effective July 15, 1998.