Montana Code Annotated 1995

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     46-18-241. Condition of restitution. (1) As provided in 46-18-201, a sentencing court shall require an offender to make restitution to any victim of the offense who has sustained pecuniary loss as a result of the offense, including a person suffering an economic loss as a result of the crime.
     (2) The court may require the offender to pay the cost of supervising the payment of restitution, as provided in 46-18-245, by paying an amount equal to 10% of the amount of restitution ordered, but not less than $5 or more than $250. Payment must be made to the court, which shall disburse the money to the entity employing the person ordered to supervise restitution under 46-18-245.
     (3) If the court finds that, because of circumstances beyond the offender's control, the offender is not and will not be able to pay any restitution during the period of state supervision, the court may order the offender to perform community service commensurate with the amount of restitution that would have been imposed.

     History: En. Sec. 1, Ch. 426, L. 1983; amd. Sec. 1, Ch. 490, L. 1989; amd. Sec. 13, Ch. 125, L. 1995; amd. Sec. 2, Ch. 310, L. 1995.

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