12-1721. Monetary judgment awarded to prisoners; outstanding restitution and incarceration costs
272 words·~1 min read·
/az/title-12/12-1721A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. In any civil action, a monetary judgment may not be paid to a person who is or was previously incarcerated in the state department of corrections before all restitution and incarceration costs owed by the person are paid if the monetary judgment is against this state, a political subdivision of this state, any prison, jail or correctional facility or any officer or agent of a prison, jail or correctional facility. If the monetary judgment is not sufficient to pay both restitution and incarceration costs that are owed, the monetary judgment must first be used to pay any outstanding restitution and a portion of any remaining balance may be set off and used to pay outstanding incarceration costs pursuant to section 31-238.
B. If the victim was ordered by the court to receive restitution through the clerk of the superior court, this state, the political subdivision of this state or the prison, jail or correctional facility that was ordered to satisfy the monetary judgment shall transfer enough of the monetary judgment to pay the remaining balance of the restitution order to the clerk of the superior court for distribution to the victim.
C. If money is transferred to a clerk of the superior court pursuant to subsection B of this section, this state, the political subdivision of this state or the prison, jail or correctional facility must also provide the clerk with the following information at the time of the transfer:
1. A copy of the monetary judgment.
2. The defendant's name and the case number of each case where restitution is owed.
3. The name and address of the transferring entity.