Restitution order
Sec. 3. (a) Except as provided in subsection (i), in addition to any
sentence imposed under this article for a felony or misdemeanor, the
court may, as a condition of probation or without placing the person
on probation, order the person to make restitution to the victim of the
crime, the victim's estate, or the family of a victim who is deceased.
The court shall base its restitution order upon a consideration of:
(1) property damages of the victim incurred as a result of the
crime, based on the actual cost of repair (or replacement if
repair is inappropriate);
(2) medical and hospital costs incurred by the victim (before the
date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime
has caused the victim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the date of sentencing) as
a result of the crime including earnings lost while the victim
was hospitalized or participating in the investigation or trial of
the crime; and
(5) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a) or (i) is a judgment
lien that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquent
under the restitution order by the person in whose favor the
order is issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of
the restitution, directly to:
(1) the victim services division of the Indiana criminal justice
institute in an amount not exceeding:
(A) the amount of the award, if any, paid to the victim under
IC 5-2-6.1; and
(B) the cost of the reimbursements, if any, for emergency
services provided to the victim under IC 16-10-1.5 (before
its repeal) or IC 16-21-8; or
(2) a probation department that shall forward restitution or part
of restitution to:
(A) a victim of a crime;
(B) a victim's estate; or
(C) the family of a victim who is deceased.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution it receives under this subsection in the
violent crime victims compensation fund established by
IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a) or (i),
the issuing court shall send a certified copy of the order to the clerk
of the circuit court in the county where the felony or misdemeanor
charge was filed. The restitution order must include the following
information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
Upon receiving the order, the clerk shall enter and index the order in
the circuit court judgment docket in the manner prescribed by
IC 33-32-3-2. The clerk shall also notify the department of insurance
of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a) or (i) does not bar
a civil action for:
(1) damages that the court did not require the person to pay to
the victim under the restitution order but arise from an injury or
property damage that is the basis of restitution ordered by the
court; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection
(a) as a condition of probation or other sentence, the restitution order
is not discharged by the completion of any probationary period or
other sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a) or (i) is not discharged
by the liquidation of a person's estate by a receiver under IC 32-30-5
(or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6, IC 34-1-12, or
IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitution ordered by the
court under subsections (a) and (c) on behalf of the victim services
division of the Indiana criminal justice institute established under
IC 5-2-6-8.
(i) The court may order the person convicted of an offense under
IC 35-43-9 to make restitution to the victim of the crime. The court
shall base its restitution order upon a consideration of the amount of
money that the convicted person converted, misappropriated, or
received, or for which the convicted person conspired. The
restitution order issued for a violation of IC 35-43-9 must comply
with subsections (b), (d), (e), and (g), and is not discharged by the
completion of any probationary period or other sentence imposed for
a violation of IC 35-43-9.
As added by P.L.337-1983, SEC.1. Amended by P.L.149-1988,
SEC.6; P.L.240-1991(ss2), SEC.99; P.L.2-1992, SEC.885;
P.L.2-1993, SEC.194; P.L.47-1993, SEC.13; P.L.4-1994, SEC.21;
P.L.307-1995, SEC.1; P.L.300-1995, SEC.3; P.L.1-1998, SEC.200;
P.L.2-2002, SEC.105; P.L.88-2002, SEC.3; P.L.85-2004, SEC.54;
P.L.98-2004, SEC.157; P.L.2-2005, SEC.129.
Last modified: May 24, 2006