Informal Opinion No.

Joanna Gozzi, Esq. Deputy County Attorney, Onondaga

Based upon your letter and a telephone conversation with this office, you ask two questions in relation to restitution and the disposition of restitution funds paid by a defendant as a condition of a sentence of probation:

1) What procedure should be followed by a county where a defendant refuses to comply with a court order directing restitution as a condition of a sentence of probation?

2) In what manner should a county dispose of restitution funds collected from a defendant where, after the order of restitution has been made, the victim…