Montana Code 46-9-512. Use of forfeited bail as restitution
46-9-512. Use of forfeited bail as restitution. (1) If the court enters a judgment declaring bail to be forfeited or if the order of forfeiture is not discharged, the court having jurisdiction may order the bail forfeited to be paid as restitution to any victim of the offense for which the court has received bail. Whenever the court believes that restitution may be proper, the court shall order a hearing for the purpose of considering the nature and extent of the victim’s pecuniary loss as defined by law.
Terms Used In Montana Code 46-9-512
- Bail: means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding. See Montana Code 46-1-202
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
- 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.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2)If the court finds that restitution is appropriate, the court shall order restitution in an amount not exceeding the amount of the victim’s complaint or the amount of the victim’s pecuniary loss.
(3)An order to require restitution is a judgment against the defendant and the defendant’s sureties, and the court may order the restitution to be made by payment of money deposited as bail. Any balance of the bail money must be disposed of in the same manner as provided in 46-9-511.
(4)A determination or decision under this section is not admissible as evidence in any other civil action and is not res judicata in any civil action.