Table of Contents TITLE 53. SOCIAL SERVICES AND INSTITUTIONS CHAPTER 9. SERVICES FOR VICTIMS OF CRIME Part 1. The Crime Victims Compensation Act of Montana

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53-9-101 — Short title 1 53-9-102 — Legislative purpose and i... 53-9-103 — Definitions 1 53-9-104 — Powers and duties of offi... 53-9-105 — Rehabilitation of victims 53-9-106 — Attorney fees 1 53-9-107 — Public inspection and dis... 53-9-108 — Limitation of benefit ent... 53-9-110 — Receipt of federal funds 1 53-9-111 — Penalty for fraudulently... 53-9-121 — Application for compensat... 53-9-122 — Informal hearings 53-9-123 — Evidence of condition 53-9-124 — Enforcement of office's o... 53-9-125 — Limitations on awards 53-9-126 — Tentative award of compen... 53-9-127 — Award of compensation 53-9-128 — Compensation benefits 53-9-129 — Award not subject to exec... 53-9-130 — Reconsideration and revie... 53-9-131 — Appeals 53-9-132 — Subrogation 1 53-9-133 — Effect of award on probat...

Mont. Code Ann. § 53-9-133

(2005)

Effect of award on probation and parole of offender

(1) When placing any convicted person on probation, the court may set as a condition of probation the payment to the state of an amount equal to any benefits paid by the office to a victim or a victim's dependents. The court may set a repayment schedule and modify it as circumstances change.

(2) Payment of the debt may be made a condition of parole subject to modification based on a change in circumstances.

Opinions construing this section

1 opinion

2015 MT 281 Sep 28, 2015 Reversed

State v. McClelland

Dissenting by Laurie McKinnon · 4 to 1

e supporting McClelland’s speculation that the victim’s counseling was not 100% attributable to his conduct; and, most importantly, fails to recognize that § 53-9-133, MCA, allows the court to “set as a condition of probation the payment to the state of an amount equal to any benefits paid by the office [of victims services] to

Official Annotations archive.org, 2005 edition

History:

EnactedEn. 71-2621 by SectionSec. 21, ChapterCh. 527, Laws ofL. 1977

Revised Codes of MontanaR.C.M. 1947, 71-2621

AmendedAmd. SectionSec. 22, ChapterCh. 124, Laws ofL. 2001 (SB 254 - Halligan, Mike (D) SD 34)

Source text on leg.mt.gov