Restitution is court-ordered financial reimbursement to be paid by an offender to either the crime victim or the Crime Victim Compensation Program (CVC). The sentencing order must specify the offender is ordered to pay restitution. If you have incurred losses as a result of a crime, you may also be entitled to restitution from the offender. Appropriate losses include medical expenses, property damage, wage loss or other expenses that resulted from the crime.
To get restitution, you must:
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.
Victims of crime have the right to request restitution for crime-related expenses, including:
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.
[legend title=”Always keep the appropriate office aware of your current address so that restitution payments can be sent to you” style=”1″]Make sure you keep the proper office aware of your current address:
A court order does not guarantee the offender will pay the restitution. If the offender fails to pay the court-ordered restitution:
If the offender is in prison, a portion of his or her wages and income can be withdrawn to pay restitution. If the offender has been released from prison, he or she is responsible for paying the balance of the restitution during the supervised probation or parole time.
Restitution in city, justice or district is a lifelong obligation until paid in full. Upon expiration of a felony or misdemeanor sentence, any delinquent restitution can be collected through wage garnishment, tax offset and/or a civil suit. Restitution cannot be dismissed by filing bankruptcy. If the offender dies, restitution may be attached to his or her estate.