Restitution Collection by the Nebraska Department of Correctional Services (NDCS) Frequently Asked Questions for Victims
Q. Restitution was ordered by the court, but my perpetrator was sentenced to prison. What happens now?
A. The Court of the county where restitution was ordered will submit that order to the NDCS. NDCS will then work with the incarcerated individual to collect restitution.
Q. How is restitution collected?
A. For those individuals who are ordered to pay restitution, NDCS will collect the funds as provided in the order and Title 72, Chapter 3 of the rules and regulations. Restitution will be deducted from inmate accounts after child support payments have been paid, but before other payments and fees are deducted. If a specific amount is not indicated in the order, NDCS will collect 20% of all wages or other compensation received for employment deposited in the incarcerated individual’s institutional account.
Q. How much money will I receive?
A. Monies received will depend on the income of the incarcerated individual and whether or not the incarcerated individual has the ability or opportunity to work. Income varies greatly from incarcerated individual to incarcerated individual and can include income from institution work (minimum pay $1.21/day) and work in the community through work release. NDCS will determine on a regular basis if funds are available to be collected. However, no restitution will be collected if by doing so the balance in an incarcerated individual’s institutional account would fall below $10.
Q. Who will be sending the money?
A. All restitution funds collected by NDCS will be sent to the District Court Clerk for the Court that issued the original order. The District Court Clerk will distribute the funds to the victim through a check. Once all restitution has been paid, the District Court Clerk will notify NDCS to stop collecting restitution from that incarcerated individual. In order to ensure you receive any restitution, always make sure the District Court Clerk has your updated contact information. The contact information for the District Court Clerks can be found here.
Q. When will I receive the money?
A. Each county has a different policy. However, the recommendation given to the District Court Clerks is for restitution to be sent on a monthly basis and only when the monthly amount to be paid is at a minimum $10. When you receive the money will also depend on whether or not the criminal case is being appealed. Current state statute and recent case law support the District Court holding all funds paid by the defendant until the appeal process is complete. This is because if the criminal conviction is reversed by an appeals court, the State is obliged to refund all fees, court costs, and restitution paid to the State by the defendant. The length of time for an appeal depends on the complexity of the criminal case, but the approximate time for them to be finalized is within 6-12 months.
Q. Who do I contact if I have any questions about restitution collection by NDCS?
A. If you do not know the case number or the county where the original order was issued, then you may contact Sarah Balcom, NDCS Staff Advocacy & Victim Services Coordinator by email at sarah.balcom@nebraska.gov or by phone at 402-219-3519. Sarah can help you locate the case number and county where the order was issued, but will not be able to answer specific questions about how much money you will receive or when you can expect to receive it.
If you know the case number and the county where the original order was issued, then you may contact the District Court Clerk from that county. Also always make sure the District Court Clerk has your updated contact information. The contact information for the District Court Clerks: https://supremecourt.nebraska.gov/courts/district-court/court-contacts
The District Court Clerks will be able to assist you with answering: 1. Has the District Court received any restitution from NDCS? (If no restitution has been received by the District Court, then this may be because the incarcerated individual is unable to pay restitution because he or she is not earning any income or withdrawing restitution from the incarcerated individual's institutional account would result in the balance falling below $10.) 2. How much restitution has the District Court Received from NDCS? 3. What is the total amount of restitution currently being held by the District Court? 4. Has any restitution been disbursed? 5. How much restitution has been disbursed? 6. What is the date the restitution check was issued and mailed? 7. How do I get a copy of the restitution order? (There may be a small fee charged for receiving a paper copy of the order.) 8. Is the criminal case currently being appealed? (This means the funds will be held by the District Court until the appeal becomes final, which means 6-12 months or longer depending on the complexity of the criminal case.)