Bill > HB578

This bill generally revises laws related to restitution in Montana, making several key changes across multiple sections of state law. The bill aims to clarify legislative intent around restitution, particularly by removing considerations of an offender's financial resources when determining restitution amounts. Specifically, the bill modifies statutes related to various criminal offenses (including partner or family member assault, sexual intercourse without consent, incest, and criminal mischief) to remove language about considering the offender's ability to pay restitution. It allows victims to provide information about pecuniary loss to probation officers even if not specifically ordered by the court, and changes the rules for when a court can modify or waive restitution orders. The bill restricts courts from waiving or adjusting restitution orders within one year of imposition or while an offender is in the custody of the corrections department. These changes are intended to ensure that victims are more consistently compensated for their losses and to clarify the original legislative intent from previous laws about restitution, which the bill suggests had been misinterpreted by some court decisions.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC3439