The Office of Victim Services Restitution Program may recover monies by court ordered restitution or subrogation through a victim’s civil settlement. Recovered funds are used to pay future Crime Victim Compensation claims for crime related injuries.

  • Restitution is court ordered money from the offender for the total amount paid on a Crime Victim Compensation claim. This is separate from any restitution ordered to the victim.
  • Subrogation is a right of the Office of Victim Services. The office is entitled to full subrogation against a judgment or recovery received by the claimant against the offender arising from the criminally injurious conduct committed by the offender for all crime victim compensation paid.

Restitution Information:

  • The Restitution Program will request the court to order restitution be paid by the offender for the total amount of crime victim compensation benefits paid on the victim’s claim.
  • County Attorneys or courts may contact the Restitution Program to request an affidavit and total statement of Crime Victim Compensation payments paid by the program.
  • The court sentencing order must specify the offender is ordered to pay restitution to the Office of Victim Services Crime Victim Compensation Program.
  • If you have incurred losses as a result of a crime, you may also be entitled to restitution. Please contact a local victim advocate to learn more.
  • Under Administrative Rule of Montana 23.15.307(3), if a victim receives restitution for expenses that have already been paid by the Crime Victim Compensation Program, the victim must pay back the restitution to the program

Subrogation:

The Crime Victim Compensation Program is entitled to full subrogation which means repayment of benefits paid out by CVC against a civil judgment or recovery you receive. The Restitution program manager will work with you or your civil attorney to assess the final subrogation amount owed to CVC. Please notify CVC of any pending civil action being taken as a result of the crime.

OVS

Frequently Asked Questions

Victims can apply for crime victim compensation benefits to help pay their expenses resulting from a crime-related injury. If the crime victim compensation claim meets the program’s eligibility requirements, the program can assist with medical, mental health, funeral, death benefits or wage loss expenses.

The Crime Victim Compensation Restitution Program will seek recovery of court ordered money from the offender for the total amount paid on a Crime Victim Compensation claim. This is separate from any restitution ordered to the victim.

The Crime Victim Compensation Restitution Program does not assist victims with recovery of restitution. A victim of crime has the right to request restitution in all cases. Please contact a local victim advocate, law enforcement agency, or county attorney’s office regarding Victim Impact Statements or Affidavit of Loss Statements. You should complete a loss statement as soon as possible, even if the offender hasn’t been prosecuted yet.

Keep all of your bills, receipts or other proof of your losses and attach the copies to your victim impact statement. However, if all or part of your expenses were covered by CVC, private medical or life insurance, Medicaid, Social Security or Indian Health Services, you must indicate that on the Victim Loss Statement. Restitution that is paid is then used to reimburse these programs.

Always keep the appropriate office aware of your current address so that restitution payments can be sent to you. If an offender does not pay or stops paying restitution, please contact the local court, county attorney’s office, or a victim advocate.

You should do both as soon as possible. Since you may have trouble collecting restitution from the offender or you may not be eligible for compensation, it is a good idea to pursue both possibilities. Don’t wait for the defendant to be prosecuted before you request restitution from the court or apply for crime victim compensation.

The Crime Victim Compensation Restitution Program may request only the amount paid to the victim in crime victim compensation benefits up to a max of $25,000.

Crime Victim Compensation Restitution may only request recover of monies paid on a Crime Victim Compensation claim. Victims of crime also have the right to request restitution. Crime victim compensation may not pay benefits or bills when a victim recovers the same costs through court ordered restitution.

If an offender is delinquent in paying restitution payments, the Crime Victim Compensation Restitution Program may seek recovery through debt collection services such as wage garnishment and/or tax offset. Restitution cannot be dismissed by filing bankruptcy. If the offender dies, restitution may be attached to his or her estate.

If the offender is a juvenile, the Crime Victim Compensation Restitution Program has until the offender’s 18th birthday to collect court-ordered restitution. If the judgment or consent decree allows supervision until the offender’s 21st birthday, CVC has until the offender turns 21 to recover the restitution. If the offender still hasn’t paid all of the restitution, CVC may also petition the court to extend supervision until the offender’s 25th birthday.

Contact Office of Victim Services

Restitution Program

P.O. Box 201410
Helena, MT 59620-1410

Phone: (406) 444-3653
Toll-Free: 1-800-498-6455
Fax: (406) 444-5335
E-mail: [email protected]