This bill updates the timeline for determining restitution in criminal cases (i.e., the amount a defendant must pay a victim for losses caused by the crime). Here's what it means:
All criminal convictions (felonies, misdemeanors, petty offenses, and traffic misdemeanors) must include consideration of restitution.
If the court says the defendant owes restitution but hasn’t yet set the amount, the amount must now be determined:
Within 91 days of the prosecution submitting restitution information,
Or within 182 days of conviction,
Whichever comes first,
Unless the court finds good cause to extend the deadline.
If the prosecution provides restitution information before the conviction is entered, the court must determine the amount within 91 days after conviction.
Courts can extend the deadline if there’s good cause (e.g., complexity of damages, need for more evidence).
Bottom line: The bill tightens and clarifies the deadlines for setting restitution amounts to ensure timely compensation for victims, while still allowing flexibility when needed.
Summary
Currently, the law gives a trial court judge 91 days from the day a
conviction enters in a criminal case to order restitution, which is the monetary loss a victim suffers due to a defendant's criminal conduct. The bill extends the amount of time that a trial court judge has to rule on restitution requests in criminal cases from 91 days total to 91 days after the prosecuting attorney submits restitution material, or 182 days following the entry of conviction, whichever is earlier.
