Montana Code 30-10-1006. Application for restitution assistance — maximum amount of restitution assistance award
30-10-1006. (Temporary) Application for restitution assistance — maximum amount of restitution assistance award. (1) A person who is eligible for restitution assistance under this part may submit an application, in a manner and form prescribed by the commissioner, to the department.
Terms Used In Montana Code 30-10-1006
- Claimant: means a person who files an application for restitution assistance under this part on behalf of a victim. See Montana Code 30-10-1003
- Department: means the office of the securities commissioner established in 2-15-1901. See Montana Code 30-10-1003
- Final order: means a final order issued by the commissioner or a final order in a legal action initiated by the commissioner. See Montana Code 30-10-1003
- Fund: means the securities restitution assistance fund created by 30-10-1004. See Montana Code 30-10-1003
- 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.
- Vulnerable person: means :
(a)a person who is at least 60 years of age;
(b)a person who suffers from mental impairment because of frailties or dependencies typically related to advanced age, such as dementia or memory loss;
(c)a person who has a developmental disability as defined in 53-20-102; or
(d)a person with a mental disorder. See Montana Code 30-10-1003
(2)An application must be received by the department within 2 years after the deadline for payment of restitution established in the final order.
(3)Except as provided in subsection (4), the maximum award from the fund for each claimant is the lesser of $25,000 or 25% of the amount of unpaid restitution awarded in a final order.
(4)If the claimant is a vulnerable person, the maximum award from the fund is the lesser of $50,000 or 50% of the amount of unpaid restitution awarded in the final order. (Terminates June 30, 2027–secs. 3, 4, Ch. 404, L. 2021.)