Restitution and Crime Victims Compensation
Restitution
Judges often order victim restitution when an offender is sentenced. Victim restitution is one way an offender gives something back to those he or she harmed. The restitution order may specify an amount equal to to the value of the property loss or it may require the offender to pay the victim's current and future medical and/or counseling expenses.
The montana Department of Corrections (DOC) collects court-ordered restitution on behalf of crime victims in felony cases involving adult offenders. The DOC Collections Unit is funded with a 10 percent court-ordered fee assessed against the offender andd added to the restitution amount.
DOC disburses an average of $2.5 million in victim restitution per year. Restitution collections statistics can be viewed at: http://cor.mt.gov/Resources/Restitution.mcpx
DOC receives court orders in felony cases, which authorize collection technicians to establich offender accounts and begin collecting restitution. If a judge ordered restitution in your case more than a year ago and you have not received payments, call the DOC Collections Unit at (800) 801-3478. If you are not sure whether the court awarded you restitution, call your County Attorney. For a list of county attorneys in Montana, go to http://www.mtcoattorneysassn.org/CAlist.htm
Collecting restitution from convicted felons can be a slow process. Victims often become frustrated when the payments are small or non-existent, but most felony offenders have limited financial resources from which the DOC can extract restitution. Child support of Montana takes precedence over victim restitution.
If an offender is making restitution payments, the Collection Unit disburses checks to victims either quarterly or once the offender has paid an accumulated total of at least $25. DOC has the legal authority to collect restitution from offenders in prison, in community palacements such as prerelease centers, probation and parole, and from those whose sentences have expired. The duty to pay court-ordered restitution remains with the offender's estate until full restitution is paid.
For more information, call the Collections Unit at (800) 801-3478.
Victims who incur physical or psychological injuries as a result of a crime may qualify for Crime Victim Compensation (CVC) under the Montana Department of Justice Attorney General's Office. The fund reimburses victims and their survivors for medical bills, counseling costs, and funeral expenses.
IMPORTANT! CVC does not reimburse victims for property loss or damage. If your property is not insured, civil court may be your only option.
For more information about CVC eligibility, call (800) 498-6455 or go to: http://www.doj.mt.gov/victims/victimcompensation.asp
