§706-646 - Victim restitution.

§706-646 Victim restitution.
(1) As used in this section, "victim" includes any of the following:

(a) The direct victim of a crime including a business
entity, trust, or governmental entity;

(b) If the victim dies as a result of the crime, a
surviving relative of the victim as defined in chapter 351; or

(2) The court shall order the defendant to
make restitution for reasonable and verified losses suffered by the victim or
victims as a result of the defendant's offense when requested by the victim.
The court shall order restitution to be paid to the crime victim compensation
commission in the event that the victim has been given an award for compensation
under chapter 351. If the court orders payment of a fine in addition to
restitution or a compensation fee, or both, the payment of restitution and
compensation fee shall have priority over the payment of the fine, and payment
of restitution shall have priority over payment of a compensation fee.

(3) In ordering restitution, the court shall
not consider the defendant's financial ability to make restitution in
determining the amount of restitution to order. The court, however, shall
consider the defendant's financial ability to make restitution for the purpose
of establishing the time and manner of payment. The court shall specify the
time and manner in which restitution is to be paid. Restitution shall be a
dollar amount that is sufficient to reimburse any victim fully for losses,
including but not limited to:

(a) Full value of stolen or damaged property, as
determined by replacement costs of like property, or the actual or estimated
cost of repair, if repair is possible;

(b) Medical expenses; and

(4) The restitution ordered shall not affect
the right of a victim to recover under section 351-33 or in any manner provided
by law; provided that any amount of restitution actually recovered by the
victim under this section shall be deducted from any award under section
351-33. [L 1998, c 269, pt of §1; am L 1999, c 18, §17; am L 2006, c 230, §22]

COMMENTARY ON §706-646

Act 269, Session Laws 1998, added this section and §706-647 to
allow victims of crime to enforce a criminal restitution order in the same
manner as a civil judgment. This section also includes within the definition
of "victim" a governmental entity which has reimbursed the victim for
losses arising as a result of the crime, and allows the court to order
restitution to be paid to the criminal injuries compensation commission if the
victim has been given an award for compensation by the commission. Under
current law, a defendant may be required by the court to pay restitution for
losses caused to the victim. Collection of the restitution was left to
governmental entities such as the judiciary, paroling authority, and department
of public safety; these entities often were able to collect only a small
fraction of the amount. Moreover, although the criminal injuries compensation
commission helped victims by providing some compensation, victims of property
crimes and some violent crimes were ineligible for any compensation from the
commission. Furthermore, although a victim may bring a civil action against
the defendant, the process was costly and time-consuming. The legislature
believed that victims should have a "fast track" ability to be
compensated for their losses by allowing victims to enforce the criminal
restitution order as a civil judgment, using all of the civil collection
remedies. Conference Committee Report No. 89, Senate Standing Committee Report
No. 3008.

Act 230, Session Laws 2006, amended this section to, among
other things, require that when restitution is ordered, the amount ordered is
not based on the defendant's financial ability to make restitution, but the
defendant's financial ability to make restitution [shall] be considered in
establishing the time and manner of payment. House Standing Committee Report
No. 665-06.