Terms Used In Montana Code > Title 53 > Chapter 9 - Services for Victims of Crime

• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Claimant: means any of the following claiming compensation under this part:

  (a)a victim;

  (b)a dependent of a deceased victim; or

  (c)an authorized person acting on behalf of any of them. See Montana Code 53-9-103

• Collateral source: means a source of benefits, other than welfare benefits, or advantages for economic loss otherwise compensable under this part that the claimant has received or that is readily available to the claimant from:

  (a)the offender;

  (b)the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under this part;

  (c)social security, medicare, and medicaid;

  (d)workers' compensation;

  (e)wage continuation programs of any employer;

  (f)proceeds of a contract of insurance payable to the claimant for loss that was sustained because of the criminally injurious conduct;

  (g)a contract, including an insurance contract, providing hospital and other health care services or benefits for disability. See Montana Code 53-9-103

• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Criminally injurious conduct: means conduct that:

  (a)occurs or is attempted in this state or an act of international terrorism, as defined in 18 U. See Montana Code 53-9-103

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Dependent: means a natural person who is recognized under the law of this state to be wholly or partially dependent upon the victim for care or support and includes a child of the victim conceived before the victim's death but born after the victim's death, including a child that is conceived as a result of the criminally injurious conduct. See Montana Code 53-9-103
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• form: means one of the types of local government enumerated in 7-3-102 and the type of government described in 7-3-111. See Montana Code 7-3-122
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lien: A claim against real or personal property in satisfaction of a debt.
• Office: means the office of victims services established in 2-15-2016. See Montana Code 53-9-103
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Verdict: The decision of a petit jury or a judge.
• Victim: means :

  (a)a person who suffers bodily injury or death as a result of:

  (i)criminally injurious conduct;

  (ii)the person's good faith effort to prevent criminally injurious conduct; or

  (iii)the person's good faith effort to apprehend a person reasonably suspected of engaging in criminally injurious conduct; or

  (b)a minor child present in a home where domestic violence occurred. See Montana Code 53-9-103

• Writing: includes printing. See Montana Code 1-1-203