Unclaimed property offset - definition.

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(1) The judicial department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the "Revised Uniform Unclaimed Property Act", article 13 of title 38, for the purpose of offsetting against a claim for unclaimed property the unpaid amount of restitution the person making the claim has been ordered to pay pursuant to section 18-1.3-603 or 19-2-918. When an offset is to be made, the judicial department or the court in which the person's restitution obligation is pending shall notify the person in writing that the state intends to offset the amount of the person's unpaid restitution obligation against his or her claim for unclaimed property.

  1. The state court administrator may adopt rules establishing the process by which anunclaimed property claimant may object to an offset and request an administrative review. The sole issues to be determined at the administrative review shall be whether the person is required to pay restitution pursuant to an order entered by a court of this state and the amount of the outstanding restitution.

  2. For purposes of this section, "claim for unclaimed property" means a cash claim filedin accordance with section 38-13-903.

Source: L. 2005: Entire section added, p. 698, § 2, effective August 8. L. 2019: (1) and

(3) amended, (SB 19-088), ch. 110, p. 466, § 6, effective July 1, 2020.


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