Idaho State Statutes - Idaho Attorney Directory

19-5304 - RESTITUTION FOR CRIME VICTIMS -- ORDERS TO BE SEPARATE -- WHEN RESTITUTION IS NOT APPROPRIATE -- OTHER REMEDIES -- EVIDENTIARY HEARINGS -- DEFINITIONS

RESTITUTION FOR CRIME VICTIMS -- ORDERS TO BE SEPARATE -- WHEN
RESTITUTION IS NOT APPROPRIATE -- OTHER REMEDIES -- EVIDENTIARY HEARINGS --
DEFINITIONS. (1) As used in this chapter:
(a) "Economic loss" includes, but is not limited to, the value of
property taken, destroyed, broken, or otherwise harmed, lost wages, and
direct out-of-pocket losses or expenses, such as medical expenses
resulting from the criminal conduct, but does not include less tangible
damage such as pain and suffering, wrongful death or emotional distress.
(b) "Found guilty of any crime" shall mean a finding by a court that a
defendant has committed a criminal act and shall include an entry of a
plea of guilty, an order withholding judgment, suspending sentence, or
entry of judgment of conviction for a misdemeanor or felony.
(c) "Value" shall be as defined in section 18-2402(11), Idaho Code.
(d) "Property" shall be as defined in section 18-2402(8), Idaho Code.
(e) "Victim" shall mean:
(i) The directly injured victim which means a person or entity, who
suffers economic loss or injury as the result of the defendant's
criminal conduct and shall also include the immediate family of a
minor and the immediate family of the actual victim in homicide
cases;
(ii) Any health care provider who has provided medical treatment to
a directly injured victim if such treatment is for an injury
resulting from the defendant's criminal conduct, and who has not been
otherwise compensated for such treatment by the directly injured
victim or the immediate family of the directly injured victim;
(iii) The account established pursuant to the crime victims
compensation act, chapter 10, title 72, Idaho Code, from which
payment was made for medical treatment, services or monetary benefits
for injury resulting from the defendant's criminal conduct;
(iv) A person or entity who suffers economic loss because such
person or entity has made payments to or on behalf of a directly
injured victim pursuant to a contract including, but not limited to,
an insurance contract.
(2) Unless the court determines that an order of restitution would be
inappropriate or undesirable, it shall order a defendant found guilty of any
crime which results in an economic loss to the victim to make restitution to
the victim. An order of restitution shall be a separate written order in
addition to any other sentence the court may impose, including incarceration,
and may be complete, partial, or nominal. The court may also include
restitution as a term and condition of judgment of conviction; however, if a
court orders restitution in the judgment of conviction and in a separate
written order, a defendant shall not be required to make restitution in an
amount beyond that authorized by this chapter. Restitution shall be ordered
for any economic loss which the victim actually suffers. The existence of a
policy of insurance covering the victim's loss shall not absolve the
defendant of the obligation to pay restitution.
(3) If the court determines that restitution is inappropriate or
undesirable or if only partial or nominal restitution is ordered, it shall
enter an order articulating the reasons therefor on the record.
(4) If a separate written order of restitution is issued, an order of
restitution shall be for an amount certain and shall be due and owing at the
time of sentencing or at the date the amount of restitution is determined,
whichever is later. An order of restitution may provide for interest from the
date of the economic loss or injury.
(5) The court may order the defendant to pay restitution to the victim in
any case, regardless of whether the defendant is incarcerated or placed on
probation. The court may order the defendant to pay all or a part of the
restitution ordered to the court to be distributed by the court to the victims
in a manner the court deems just.
(6) Restitution orders shall be entered by the court at the time of
sentencing or such later date as deemed necessary by the court. Economic loss
shall be based upon the preponderance of evidence submitted to the court by
the prosecutor, defendant, victim or presentence investigator. Each party
shall have the right to present such evidence as may be relevant to the issue
of restitution, and the court may consider such hearsay as may be contained in
the presentence report, victim impact statement or otherwise provided to the
court.
(7) The court, in determining whether to order restitution and the amount
of such restitution, shall consider the amount of economic loss sustained by
the victim as a result of the offense, the financial resources, needs and
earning ability of the defendant, and such other factors as the court deems
appropriate. The immediate inability to pay restitution by a defendant shall
not be, in and of itself, a reason to not order restitution.
(8) In determining restitution, where it appears that more than one (1)
person is responsible for a crime that results in economic loss to a victim,
and one (1) or more of the suspects or defendants are not found, apprehended,
charged, convicted or ordered to pay restitution, the court may require the
remaining defendant or defendants, who are convicted of or plead guilty to the
crime, to be jointly and severally responsible for the entire economic loss to
the victim.
(9) The court may, with the consent of the parties, order restitution to
victims, and/or any other person or entity, for economic loss or injury for
crimes which are not adjudicated or are not before the court.
(10) A defendant, against whom a restitution order has been entered, may,
within forty-two (42) days of the entry of the order of restitution, request
relief from the restitution order in accordance with the Idaho rules of civil
procedure relating to relief from final orders.
(11) An order of restitution shall not preclude the victim from seeking
any other legal remedy.
(12) Every presentence report shall include a full statement of economic
loss suffered by the victim or victims of the defendant's crime or crimes.
(13) If there is more than one (1) victim, the restitution order shall
provide that the directly injured victim(s) be fully compensated for so much
of the loss caused by the defendant's criminal conduct which has not been paid
by a third party, including persons referred to in subsection (1)(e)(ii),
(iii) and (iv) of this section.

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