| Policy Statement 4 |
Ensure that victims receive the restitution they are owed. |
| Recommendation E |
Garnish wages and withhold state income tax returns from individuals who owe restitution, when doing so does not preclude the individual from meeting basic living expenses. |
Federal law enables state child support enforcement officials to garnish wages to collect child support, but courts and probation departments often lack the statutory authority to pursue this enforcement method. Policymakers should enable agencies responsible for collecting restitution to garnish wages and withhold state income tax returns as payment of victim restitution from individuals who fail to pay restitution but have sufficient earnings to do so.
State Income Tax Statute, Rhode Island
Rhode Island's income tax statute (RIGL 44-30.1-3) enables the court to withhold state income tax returns for the purposes of collecting child support, restitution, fines, fees, and amounts of public benefits that the state may have overpaid to individuals.