This bill revises Montana's laws regarding restitution by eliminating the consideration of an offender's financial resources when determining restitution amounts. It amends various sections of the Montana Code Annotated (MCA) to clarify that courts should base restitution solely on the victim's losses, without regard to the offender's ability to pay. The bill also allows for the sharing of information about pecuniary or property loss with probation officers outside of court orders and modifies the conditions under which a court may grant a petition to revise restitution, reinforcing that restitution is a post-judgment inquiry requiring offenders to file petitions with the sentencing court.

Additionally, the bill addresses criminal mischief, defining the offense and outlining penalties, including fines and imprisonment based on the severity of the crime. It mandates that individuals convicted of criminal mischief involving property owned by the Department of Fish, Wildlife, and Parks will forfeit their hunting, fishing, or trapping licenses for at least 24 months. The legislation emphasizes the importance of restitution, allowing victims to provide information about their losses during the presentence investigation and establishing that offenders can petition the court to adjust or waive restitution payments under specific conditions. The court is required to notify victims of any hearings related to these petitions, ensuring their voices are heard in the process.

Statutes affected:
LC Text: 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, 46-18-246