2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-250. Victim's location unknown -- payments to restitution fund -- use of restitution fund

46-18-250. (Temporary) Victim's location unknown -- payments to restitution fund -- use of restitution fund.
(1) If the location of a victim on whose behalf restitution is being paid is unknown, the court may order that restitution payments made on that victim's behalf be deposited in a fund known as the county restitution fund. Subject to the availability of money in the fund, if the location of a victim whose restitution payments were deposited in the county restitution fund becomes known, the county shall refund to the victim payments that were deposited in the fund.
(2) Money in the restitution fund may be used to provide payments on behalf of offenders who are ordered to pay restitution but, because of circumstances beyond their control, are unable to obtain employment or are unable to obtain employment sufficient to make restitution payments and sustain themselves and their dependents. The offender may perform community service, and for each hour of community service performed, the victim must receive an amount equal to the minimum hourly wage from the county restitution fund. A judge may order an offender to perform community service work for restitution payments upon a finding that the offender would not otherwise be able to make restitution payments and that there are funds available in the county restitution fund for payments to the victim.
(3) Money in the county restitution fund that is due to a victim under this part must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 if payments have been made to or on behalf of the victim from the state. Payment from the county restitution fund to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 may be made only from money paid by the offender who caused the injury or death that resulted in the payment from the account. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
46-18-250. (Effective July 1, 2027) Victim's location unknown -- payments to restitution fund -- use of restitution fund.
(1) If the location of a victim on whose behalf restitution is being paid is unknown, the court may order that restitution payments made on that victim's behalf be deposited in a fund known as the county restitution fund. Subject to the availability of money in the fund, if the location of a victim whose restitution payments were deposited in the county restitution fund becomes known, the county shall refund to the victim payments that were deposited in the fund.
(2) Money in the restitution fund may be used to provide payments on behalf of offenders who are ordered to pay restitution but, due to circumstances beyond their control, are unable to obtain employment or are unable to obtain employment sufficient to make restitution payments and sustain themselves and their dependents. The offender may perform community service, and for each hour of community service performed, the victim shall receive an amount equal to the minimum hourly wage from the county restitution fund. A judge may order an offender to perform community service work for restitution payments upon a finding that the offender would not otherwise be able to make restitution payments and that there are funds available in the county restitution fund for payments to the victim.
(3) Money in the county restitution fund that is due to a victim under this part must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the state general fund if payments have been made to or on behalf of the victim from the state. Payment from the county restitution fund to the crime victims compensation and assistance program in the department of justice for deposit in the state general fund may be made only from money paid by the offender who caused the injury or death that resulted in the payment from the account.
History: En. Sec. 1, Ch. 545, L. 1989; amd. Sec. 54, Ch. 18, L. 1995; amd. Sec. 5, Ch. 118, L. 2001; amd. Sec. 5, Ch. 374, L. 2009.