Montana Code 30-10-1005. Eligibility
30-10-1005. (Temporary) Eligibility. (1) The following victims are eligible for restitution assistance:
Terms Used In Montana Code 30-10-1005
- 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.
- Claimant: means a person who files an application for restitution assistance under this part on behalf of a victim. See Montana Code 30-10-1003
- Final order: means a final order issued by the commissioner or a final order in a legal action initiated by the commissioner. See Montana Code 30-10-1003
- Fund: means the securities restitution assistance fund created by 30-10-1004. See Montana Code 30-10-1003
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Victim: means a person who was awarded restitution in a final order. See Montana Code 30-10-1003
(a)a natural person who is a resident of Montana; or
(b)a person, other than a natural person, domiciled in Montana.
(2)The commissioner may not award securities restitution assistance under this part:
(a)to more than one claimant per victim;
(b)unless the person ordered to pay restitution has not paid the full amount of restitution owed to the victim before the application for restitution assistance from the fund is due; or
(c)if there was no award of restitution in the final order.
(3)If an award of restitution in a final order is overturned on appeal, the commissioner may not award restitution assistance under this part.
(4)If, after the commissioner has made a securities restitution assistance award from the fund under this part, the restitution award in the final order is overturned on appeal and all legal remedies have been exhausted, the claimant shall forfeit the restitution assistance awarded under this part. (Terminates June 30, 2027–secs. 3, 4, Ch. 404, L. 2021.)