House Bill No. [insert bill number] seeks to amend restitution laws for individuals convicted of vehicular homicide while under the influence. The bill requires these offenders to pay restitution for the support of each minor child whose parent or guardian was a victim, with payments determined by the court and made monthly until the child turns 18 or graduates from high school. The court will consider various factors, such as the child's financial needs and the resources of the surviving parent or guardian, when setting the restitution amount. Additionally, if the defendant is incarcerated and unable to make payments, they must start payments within a year of their release. The bill also clarifies that restitution obligations remain with the offender until fully paid, regardless of their supervision status.

The legislation introduces provisions for offenders who cannot pay restitution due to circumstances beyond their control, allowing the court to mandate community service as an alternative to payment. Offenders can earn credit towards their restitution at a rate equivalent to the state minimum wage for each hour of service performed. If an offender fails to comply with court-ordered payments for six months or more, a non-compounding interest of 3% will accrue on the restitution amount after the judgment is referred for collection. The bill amends several sections of the Montana Code Annotated (MCA) and includes a codification instruction to integrate the new provisions into Title 46, chapter 18, part 2, streamlining the legal framework surrounding restitution and community service for offenders.

Statutes affected:
LC Text: 45-5-106, 46-18-201, 46-18-241
HB0712_1(1): 45-5-106, 46-18-201, 46-18-241
HB0712_1(2): 45-5-106, 46-18-201, 46-18-241
HB0712_1(3): 45-5-106, 46-18-201, 46-18-241
HB0712_1(4): 45-5-106, 46-18-201, 46-18-241
HB0712_1: 45-5-106, 46-18-201, 46-18-241