Montana Code 46-18-242. Investigation and report of victim’s loss
46-18-242. Investigation and report of victim’s loss. (1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report if requested pursuant to 46-18-111:
Terms Used In Montana Code 46-18-242
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a)a list of the offender’s assets; and
(b)an affidavit that specifically describes the victim’s pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.
(2)When a presentence report is not requested, the court shall accept evidence of the victim’s loss at the time of sentencing.