Montana Code Annotated
Part 15. Formal Proceeding -- Hearing -- Disposition
41-5-1521. Restitution

41-5-1521. Restitution. (1) In determining whether restitution, as authorized by 41-5-1304, 41-5-1512, or 41-5-1513, is appropriate in a particular case, the following factors may be considered in addition to any other evidence:
(a) the age of the youth;
(b) the ability of the youth to pay;
(c) the ability of the parents, guardian, or those that contributed to the youth's delinquency or need for intervention to pay;
(d) the amount of damage to the victim; and
(e) legal remedies of the victim. However, the ability of the victim or the victim's insurer to stand any loss may not be considered.
(2) Restitution paid by a youth is subject to subrogation as provided in 46-18-248.
History: En. Sec. 32, Ch. 550, L. 1997; amd. Sec. 76, Ch. 550, L. 1997.

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