Maine Revised Statutes Title 17-A Sec. 2005 – Criteria for restitution
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1. Restitution authorized. Restitution may be authorized, in whole or in part, as compensation for economic loss. In determining the amount of restitution authorized, the following must be considered:
A. The contributory misconduct of the victim; [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. Failure to report the crime to a law enforcement officer within 72 hours after its occurrence, without good cause for failure to report within that time; and [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. The present and future financial capacity of the offender to pay restitution. [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 17-A Sec. 2005
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Collateral source: means a source of benefits or advantages for economic loss resulting from a crime, which the victim has received, or which is readily available to the victim from:
A. See Maine Revised Statutes Title 17-A Sec. 2002Economic loss: includes economic detriment consisting of environmental clean-up expense, property loss, allowable expense, work loss, replacement services loss and, if injury causes death, dependent's economic loss and dependent's replacement services loss. See Maine Revised Statutes Title 17-A Sec. 2002 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Offender: means an individual or an organization convicted of a crime. See Maine Revised Statutes Title 17-A Sec. 2002 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Restitution: means :
A. See Maine Revised Statutes Title 17-A Sec. 2002Victim: means a government that suffers economic loss or a person who suffers personal injury, death or economic loss as a result of a crime or the good faith effort of any person to prevent a crime. See Maine Revised Statutes Title 17-A Sec. 2002
2. Restitution not authorized. Restitution is not authorized:
A. To a victim without that victim’s consent; [PL 2019, c. 113, Pt. A, §2 (NEW).]
B. To a victim who is an accomplice of the offender; [PL 2019, c. 113, Pt. A, §2 (NEW).]
C. To a victim who has otherwise been compensated from a collateral source, but economic loss in excess of the collateral compensation may be authorized; and [PL 2019, c. 113, Pt. A, §2 (NEW).]
D. When the amount and method of payment of monetary restitution or the performance of service restitution creates an excessive financial hardship on the offender or dependent of the offender. In making this determination, all relevant factors must be considered, including, but not limited to, the following:
(1) The number of the offender’s dependents;
(2) The minimum living expenses of the offender and the offender’s dependents;
(3) The special needs of the offender and the offender’s dependents, including necessary travel expense to and from work;
(4) The offender’s present income and potential future earning capacity; and
(5) The offender’s resources, from whatever source. [PL 2019, c. 113, Pt. A, §2 (NEW).]
[PL 2019, c. 113, Pt. A, §2 (NEW).]
3. Exception. The provisions of subsection 2, paragraph D do not apply to an offender that is an organization.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
4. Burdens of proof. An offender who asserts a present or future incapacity to pay restitution has the burden of proving the incapacity by a preponderance of the evidence. On appeal of a restitution order, the offender has the burden of demonstrating that the incapacity was proven as a matter of law.
[PL 2019, c. 113, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 113, Pt. A, §2 (NEW).