46-18-244. Type and time of payment -- defenses. (1) The court shall specify the amount, method, and time of payment to the victim and may permit payment in installments. The court may not establish a payment schedule extending beyond the period of state supervision over the offender.
     (2) In determining the amount, method, and time of payment, the court shall consider the financial resources and future ability of the offender to pay. The court may provide for payment to a victim up to but not in excess of the pecuniary loss caused by the offense. The offender may assert any defense that the offender could raise in a civil action for the loss sought to be compensated by the restitution order.
     (3) In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation:
     (a) forfeiture and sale of the offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender.
     (b) return of any property to the victim;
     (c) payment of up to one-third of the offender's prison earnings.
     (4) With the consent of the victim and in the discretion of the court, an offender may be ordered to make restitution in services in lieu of money or to make restitution to a person designated by the victim, if that person provided services to the victim as a result of the offense.

     History: En. Sec. 4, Ch. 426, L. 1983; amd. Sec. 16, Ch. 125, L. 1995.