Montana Code 41-5-1521. Restitution
41-5-1521. Restitution. (1) In determining whether restitution, as authorized by 41-5-1304, 41-5-1512, or 41-5-1513, is appropriate in a particular case, the following factors may be considered in addition to any other evidence:
Terms Used In Montana Code 41-5-1521
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a)the age of the youth;
(b)the ability of the youth to pay;
(c)the ability of the parents, guardian, or those that contributed to the youth’s delinquency or need for intervention to pay;
(d)the amount of damage to the victim; and
(e)legal remedies of the victim. However, the ability of the victim or the victim’s insurer to stand any loss may not be considered.
(2)Restitution paid by a youth, a youth’s parent or guardian, or a person who contributed to the delinquency of a youth is not subject to subrogation.
(3)(a) If, after a hearing held in accordance with 41-5-1432, the court finds that the youth made a good faith effort yet was unable to pay restitution in full, the court shall relieve the individual of the requirement, and the balance will be void and uncollectable.
(b)If the court finds that a good faith effort was not made to pay restitution as ordered, the youth shall remain under the court’s jurisdiction as provided in 41-5-208 until the age of 25. At the expiration of the court’s jurisdiction, the balance of outstanding restitution is void and uncollectable.
(c)A youth under obligation to pay restitution may petition the court at any time for modification of the restitution order.