

     § 1106.  Restitution for injuries to person or property.
        (a)  General rule.--Upon conviction for any crime wherein
     property has been stolen, converted or otherwise unlawfully
     obtained, or its value substantially decreased as a direct
     result of the crime, or wherein the victim suffered personal
     injury directly resulting from the crime, the offender shall be
     sentenced to make restitution in addition to the punishment
     prescribed therefor.
        (b)  Condition of probation or parole.--Whenever restitution
     has been ordered pursuant to subsection (a) and the offender has
     been placed on probation or parole, his compliance with such
     order may be made a condition of such probation or parole.
        (c)  Mandatory restitution.--
            (1)  The court shall order full restitution:
                (i)  Regardless of the current financial resources of
            the defendant, so as to provide the victim with the
            fullest compensation for the loss. The court shall not
            reduce a restitution award by any amount that the victim
            has received from the Crime Victim's Compensation Board
            or other governmental agency but shall order the
            defendant to pay any restitution ordered for loss
            previously compensated by the board to the Crime Victim's
            Compensation Fund or other designated account when the
            claim involves a government agency in addition to or in
            place of the board. The court shall not reduce a
            restitution award by any amount that the victim has
            received from an insurance company but shall order the
            defendant to pay any restitution ordered for loss
            previously compensated by an insurance company to the
            insurance company.
                (ii)  If restitution to more than one person is set
            at the same time, the court shall set priorities of
            payment. However, when establishing priorities, the court
            shall order payment in the following order:
                    (A)  The victim.
                    (B)  The Crime Victim's Compensation Board.
                    (C)  Any other government agency which has
                provided reimbursement to the victim as a result of
                the defendant's criminal conduct.
                    (D)  Any insurance company which has provided
                reimbursement to the victim as a result of the
                defendant's criminal conduct.
            (2)  At the time of sentencing the court shall specify
        the amount and method of restitution. In determining the
        amount and method of restitution, the court:
                (i)  Shall consider the extent of injury suffered by
            the victim, the victim's request for restitution as
            presented to the district attorney in accordance with
            paragraph (4) and such other matters as it deems
            appropriate.
                (ii)  May order restitution in a lump sum, by monthly
            installments or according to such other schedule as it
            deems just.
                (iii)  Shall not order incarceration of a defendant
            for failure to pay restitution if the failure results
            from the offender's inability to pay.
                (iv)  Shall consider any other preexisting orders
            imposed on the defendant, including, but not limited to,
            orders imposed under this title or any other title.
                (v)  (Deleted by amendment).
            (3)  The court may, at any time or upon the
        recommendation of the district attorney that is based on
        information received from the victim and the probation
        section of the county or other agent designated by the county
        commissioners of the county with the approval of the
        president judge to collect restitution, alter or amend any
        order of restitution made pursuant to paragraph (2),
        provided, however, that the court states its reasons and
        conclusions as a matter of record for any change or amendment
        to any previous order.
            (4) (i)  It shall be the responsibility of the district
            attorneys of the respective counties to make a
            recommendation to the court at or prior to the time of
            sentencing as to the amount of restitution to be ordered.
            This recommendation shall be based upon information
            solicited by the district attorney and received from the
            victim.
                (ii)  Where the district attorney has solicited
            information from the victims as provided in subparagraph
            (i) and has received no response, the district attorney
            shall, based on other available information, make a
            recommendation to the court for restitution.
                (iii)  The district attorney may, as appropriate,
            recommend to the court that the restitution order be
            altered or amended as provided in paragraph (3).
        (d)  Limitations on district justices.--Restitution ordered
     by a magisterial district judge shall be limited to the return
     of the actual property or its undisputed dollar amount or, where
     the claim for restitution does not exceed the civil
     jurisdictional limit specified in 42 Pa.C.S. § 1515(a)(3)
     (relating to jurisdiction) and is disputed as to amount, the
     magisterial district judge shall determine and order the dollar
     amount of restitution to be made.
        (e)  Restitution payments and records.--Restitution, when
     ordered by a judge, shall be made by the offender to the
     probation section of the county in which he was convicted or to
     another agent designated by the county commissioners with the
     approval of the president judge of the county to collect
     restitution according to the order of the court or, when ordered
     by a magisterial district judge, shall be made to the
     magisterial district judge. The probation section or other agent
     designated by the county commissioners of the county with the
     approval of the president judge to collect restitution and the
     magisterial district judge shall maintain records of the
     restitution order and its satisfaction and shall forward to the
     victim the property or payments made pursuant to the restitution
     order.
        (f)  Noncompliance with restitution order.--Whenever the
     offender shall fail to make restitution as provided in the order
     of a judge, the probation section or other agent designated by
     the county commissioners of the county with the approval of the
     president judge to collect restitution shall notify the court
     within 20 days of such failure. Whenever the offender shall fail
     to make restitution within 20 days to a magisterial district
     judge, as ordered, the magisterial district judge shall declare
     the offender in contempt and forward the case to the court of
     common pleas. Upon such notice of failure to make restitution,
     or upon receipt of the contempt decision from a magisterial
     district judge, the court shall order a hearing to determine if
     the offender is in contempt of court or has violated his
     probation or parole.
        (g)  Preservation of private remedies.--No judgment or order
     of restitution shall debar the owner of the property or the
     victim who sustained personal injury, by appropriate action, to
     recover from the offender as otherwise provided by law, provided
     that any civil award shall be reduced by the amount paid under
     the criminal judgment.
        (h)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Crime."  Any offense punishable under this title or by a
     magisterial district judge.
        "Injury to property."  Loss of real or personal property,
     including negotiable instruments, or decrease in its value,
     directly resulting from the crime.
        "Offender."  Any person who has been found guilty of any
     crime.
        "Personal injury."  Actual bodily harm, including pregnancy,
     directly resulting from the crime.
        "Property."  Any real or personal property, including
     currency and negotiable instruments, of the victim.
        "Restitution."  The return of the property of the victim or
     payments in cash or the equivalent thereof pursuant to an order
     of the court.
        "Victim."  As defined in section 479.1 of the act of April 9,
     1929 (P.L.177, No.175), known as The Administrative Code of
     1929. The term includes the Crime Victim's Compensation Fund if
     compensation has been paid by the Crime Victim's Compensation
     Fund to the victim and any insurance company that has
     compensated the victim for loss under an insurance contract.
     (June 18, 1976, P.L.394, No.86, eff. 60 days; Apr. 28, 1978,
     P.L.202, No.53, eff. 60 days; May 3, 1995, 1st Sp.Sess.,
     P.L.999, No.12, eff. 60 days; Dec. 3, 1998, P.L.933, No.121,
     eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsecs. (d), (e) and (f)
     and the def. of "crime" in subsec. (h). See sections 28 and 29
     of Act 207 in the appendix to this title for special provisions
     relating to applicability and construction of law.
        1998 Amendment.  Act 121 amended subsecs. (a), (c), (e) and
     (f).
        1995 Amendment.  Act 12, 1st Sp.Sess., amended subsec. (c)
     and the def. of "victim" in subsec. (h)
        1978 Amendment.  Act 53 amended subsecs. (d), (e), (f) and
     (h).
        1976 Amendment.  Act 86 added section 1106.
        References in Text.  Section 479.1 of the act of April 9,
     1929 (P.L.177, No.175), known as The Administrative Code of
     1929, referred to in the def. of "victim," was repealed by the
     act of November 24, 1998, P.L.882, No.111. The subject matter is
     now contained in Act 111.
        Cross References.  Section 1106 is referred to in sections
     910, 3926, 4116 of this title; section 9728 of Title 42
     (Judiciary and Judicial Procedure); section 6126 of Title 75
     (Vehicles).
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Last modified: November 27, 2007