ARS 44-1201 Interpretation
In State v. Foy, 176 Ariz. 166, 859 P.2d 789 (App. 1993), the Court considered whether A.R.S. 44-1201 authorized accrual of interest on a criminal restitution order.
The Court determined that a restitution order was a "criminal penalty" and noted the general rule that a criminal penalty does not bear interest. Id. at 169, 859 P.2d at 792.
Because 44-1201 did not "clearly and plainly manifest an intent to alter the common law" that criminal penalties are not subject to interest, we concluded the statute did not apply. Id. at 171, 859 P.2d at 794.
Several years after our decision in Foy, the legislature amended the criminal restitution statute to provide expressly for the accrual of interest on restitution orders pursuant to A.R.S. 44-1201. See A.R.S. 13-805(C) (Supp. 2009) ("A criminal restitution order may be recorded and enforced as any civil judgment . . . . Enforcement of a criminal restitution order . . . includes the collection of interest that accrues pursuant to 44-1201 in the same manner as any civil judgment").