§ 5-4-205 - Restitution.
5-4-205. Restitution.
(a) (1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.
(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.
(b) (1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense.
(2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant:
(A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;
(B) Pay the cost of necessary physical and occupational therapy and rehabilitation;
(C) (i) Reimburse the victim for income lost by the victim as a result of the offense.
(ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and
(D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.
(3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.
(4) (A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the sentencing authority during the sentencing phase of a trial.
(B) The amount of loss may be decided by agreement between a defendant and the victim represented by the prosecuting attorney.
(5) If any item listed in subdivision (b)(2) of this section has been paid by the Crime Victims Reparations Board and the court orders restitution, the restitution order shall provide that the board is to be reimbursed by the defendant.
(c) (1) As used in this section and in any provision of law relating to restitution, "victim" means any person, partnership, corporation, or governmental entity or agency that suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode.
(2) "Victim" includes a victim's estate if the victim is deceased and a victim's next of kin if the victim is deceased as a result of the offense.
(d) A record of a defendant shall not be expunged under 16-90-901 et seq. until all court-ordered restitution has been paid.
(e) (1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be:
(A) Given a specified time to pay; or
(B) (i) Allowed to pay in specified installments.
(ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized.
(iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection.
(iv) A district court may order installment payments of restitution to be collected first in lieu of the procedure under 16-10-209(5)(F).
(2) In determining the method of payment, the court shall take into account:
(A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant;
(B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and
(C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.
(f) (1) If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section is a condition of the suspended imposition of sentence, probation, parole, or transfer.
(2) The court may revoke probation and any agency establishing a condition of release may revoke the conditional release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order.
(3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider:
(A) The defendant's employment status;
(B) The defendant's earning ability;
(C) The defendant's financial resources;
(D) The willfulness of the defendant's failure to pay; and
(E) Any other special circumstances that may have a bearing on the defendant's ability to pay.
(g) (1) The court shall enter a judgment against the defendant for the amount determined under subdivision (b)(4) of this section.
(2) The judgment may be enforced by the state or a beneficiary of the judgment in the same manner as a judgment for money in a civil action.
(3) A judgment under this section may be discharged by a settlement between the defendant and the beneficiary of the judgment.
(4) The court shall determine priority among multiple beneficiaries on the basis of:
(A) The seriousness of the harm each beneficiary suffered;
(B) The other resources of the beneficiaries; and
(C) Other equitable factors.
(5) If more than one (1) defendant is convicted of the crime for which there is a judgment under this section, the defendants are jointly and severally liable for the judgment unless the court determines otherwise.
(6) (A) A judgment shall require payment to the Department of Community Correction.
(B) The department shall provide for supervision and disbursement of funds under subdivision (g)(6)(A) of this section by the department's authorized economic sanction officers.
(h) (1) A judgment under this section does not bar a remedy available in a civil action under other law.
(2) A payment under this section shall be credited against a money judgment obtained by the beneficiary of the payment in a civil action.
(3) A determination under this section and the fact that payment was or was not ordered or made:
(A) Are not admissible in evidence in a civil action; and
(B) Do not affect the merits of a civil action.