Level II obligations in circuit court judgments
(1) There are two types of Level II obligations in criminal judgments entered in circuit courts:
(a) Type 1 obligations include awards of restitution as defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109), awards of restitution under ORS 419C.450 (Restitution) and money awards made under ORS 811.706 (Money damages resulting from violation of ORS 811.700 or 811.705).
(b) Type 2 obligations include all fines and other monetary obligations payable to the state for which the law does not expressly provide other disposition, including fines payable to the state under ORS 153.633 (Distribution to state), 153.645 (Disposition of fines for traffic offenses) and 153.650 (Disposition of fines for traffic offenses).
(2) If a judgment contains both types of Level II obligations, the circuit court shall apply 50 percent of amounts creditable to Level II obligations to Type 1 obligations and 50 percent of the amounts to Type 2 obligations, until all obligations in one of the two types have been paid in full. All subsequent amounts creditable to Level II obligations shall be applied against the other type of obligations until those obligations have been paid in full.
(3) If there is more than one person for whose benefit a Type 1 money award has been made, the circuit court shall pay the moneys credited to Type 1 obligations in the following order of priority:
(a) If the judgment contains a money award payable to the person or persons against whom the defendant committed the offense, the court shall first pay all moneys credited to Type 1 obligations to those persons, and shall continue to do so until all those obligations are paid in full. If there is more than one person to whom an obligation is payable under this paragraph, the court shall divide each payment under this paragraph based on each person’s proportionate share of the total amount of obligations subject to payment under this paragraph.
(b) If the judgment contains a money award payable to the Criminal Injuries Compensation Account, the court shall thereafter transfer moneys credited to Type 1 obligations to the account until the award is paid in full.
(c) If the judgment contains a money award payable to any other victims, as defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109), the court shall thereafter pay the moneys credited to Type 1 obligations to those victims until those victims are paid in full. [Formerly 137.292]
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