State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_35

§15A‑1340.35.  Basis for restitution.

(a)        In determining theamount of restitution, the court shall consider the following:

(1)        In the case of anoffense resulting in bodily injury to a victim:

a.         The cost ofnecessary medical and related professional services and devices or equipmentrelating to physical, psychiatric, and psychological care required by thevictim;

b.         The cost ofnecessary physical and occupational therapy and rehabilitation required by thevictim; and

c.         Income lost by thevictim as a result of the offense.

(2)        In the case of anoffense resulting in the damage, loss, or destruction of property of a victimof the offense:

a.         Return of theproperty to the owner of the property or someone designated by the owner; or

b.         If return of theproperty under sub‑subdivision (2)a. of this subsection is impossible,impracticable, or inadequate:

1.         The value of theproperty on the date of the damage, loss, or destruction; or

2.         The value of theproperty on the date of sentencing, less the value of any part of the propertythat is returned.

(3)        Any measure ofrestitution specifically provided by law for the offense committed by thedefendant.

(4)        In the case of anoffense resulting in bodily injury that results in the death of the victim, thecost of the victim's necessary funeral and related services, in addition to theitems set out in subdivisions (1), (2), and (3) of this subsection.

(b)        The court mayrequire that the victim or the victim's estate provide admissible evidence thatdocuments the costs claimed by the victim or the victim's estate under thissection. Any such documentation shall be shared with the defendant before thesentencing hearing. (1998‑212, s. 19.4(d).)