Maine Revised Statutes Title 17-A Sec. 2003 – Mandatory consideration of restitution
Current as of: 2023 | Check for updates
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1. Inquiry as to victim‘s financial loss. The court shall, whenever practicable, inquire of a prosecutor, law enforcement officer or victim with respect to the extent of the victim’s financial loss and shall order restitution when appropriate. The order for restitution must designate the amount of restitution to be paid and the person or persons to whom the restitution must be paid.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 17-A Sec. 2003
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: means an individual who is wholly or partially dependent upon the victim for care or support and includes a child of the victim born after the victim's death. See Maine Revised Statutes Title 17-A Sec. 2002
- Dependent: A person dependent for support upon another.
- Economic loss: includes economic detriment consisting of environmental clean-up expense, property loss, allowable expense, work loss, replacement services loss and, if injury causes death, dependent's economic loss and dependent's replacement services loss. See Maine Revised Statutes Title 17-A Sec. 2002
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Restitution: means :
A. See Maine Revised Statutes Title 17-A Sec. 2002Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Victim: means a government that suffers economic loss or a person who suffers personal injury, death or economic loss as a result of a crime or the good faith effort of any person to prevent a crime. See Maine Revised Statutes Title 17-A Sec. 2002
2. Reasons for not imposing restitution. In any case where the court determines that restitution should not be imposed in accordance with the criteria set forth in section 2005, the court shall state in open court or in writing the reasons for not imposing restitution, including, in a case involving a defendant convicted of an offense that resulted in the death of a person who is a parent of a minor, by specifically addressing the surviving dependent‘s economic loss and dependent‘s replacement loss and the reasons for not imposing restitution to compensate for those losses.
[PL 2023, c. 277, §3 (AMD).]
3. Restitution required. In any prosecution for a crime committed prior to the effective date of this chapter, or any amendment to this chapter, the court may, with the consent of the defendant, require the defendant to make restitution in accordance with this chapter as amended.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW). PL 2023, c. 277, §3 (AMD).