If a defendant is sentenced to serve a term of imprisonment in the Arizona Department of Corrections (ADC), per the Arizona Constitution, Article 2, Section 2.1 Victims Bill of Rights & ARS § 31-230 ADC is required to withdraw 20% -50% of the monies available in an inmates spendable account each month to pay towards court ordered restitution. However, inmates are not required to work and if they do not work, then no monies will be taken.
If a defendant is sentenced to a term of probation, restitution is a condition of probation and if the defendant falls at least 60 days delinquent on paying restitution, the probation officer may request a hearing where the defendant will have to go before the court to show cause. If the defendant is found in contempt, the court could issue a summons or an arrest warrant, or require the defendant to serve some jail time. If the victim requested post-conviction notification, they are provided a copy of the notice of hearing. For information regarding opting in for post-conviction notice refer to the section, “The Defendant has been Sentenced, What Happens Next?”
For more information regarding restitution, please refer to our Restitution page and AZCourts; Restitution Laws.