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Section 17-14-6 – Setoff of prior total or partial restitution made to victim; reduction of award from the Crime Victims Compensation Board by the amount of restitution; payment of restitution to governmental entities that have compensated the victim

May 11, 2021 | Criminal Procedure, Georgia

(a) Where an offender has made total or partial restitution to a victim, the ordering authority shall set off any such amounts and reduce the amount payable to the victim.
(b) The ordering authority shall not order restitution to be paid to a victim or victim’s estate if the victim or victim’s estate has received or is to receive full compensation for that loss from the offender as a result of a civil proceeding.
(c) Any amount paid to a victim or victim’s estate under a restitution order shall reduce the amount payable to a victim or a victim’s estate by an award from the Georgia Crime Victims Compensation Board made prior to or after a restitution order under this article.
(d) The ordering authority shall order restitution be paid to the Georgia Crime Victims Compensation Board, other governmental entities, or any individuals, partnerships, corporations, associations, or other legal entities acting on behalf of a governmental entity that have compensated the victim or the victim’s estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The ordering authority shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the crime. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, a restitution order shall require that all restitution to a victim or victim’s estate under the restitution order be made before any restitution to any other person or entity under that restitution order is made.
(e) In the event the ordering authority provides for a setoff or priority in terms of payment of restitution, the ordering authority shall state on the record with specificity the reasons for its action.

OCGA § 17-14-6

Amended by 2006 Ga. Laws 453,§ 17, eff. 4/14/2006.
Added by 2005 Ga. Laws 20,§ 5, eff. 7/1/2005.