Maine § 17-A §2003 Mandatory consideration of restitution

Maine Statutes

§ 17-A §2003 — Mandatory consideration of restitution

Maine·Title 17-A MAINE CRIMINAL CODE·Part 6 PUNISHMENTS·Ch. 69 RESTITUTION

1.Inquiry as to victim's financial loss. The court shall, whenever practicable, inquire of a prosecutor, law enforcement officer or victim with respect to the extent of the victim's financial loss and shall order restitution when appropriate. The order for restitution must designate the amount of restitution to be paid and the person or persons to whom the restitution must be paid.

2.Reasons for not imposing restitution. In any case where the court determines that restitution should not be imposed in accordance with the criteria set forth in section 2005, the court shall state in open court or in writing the reasons for not imposing restitution, including, in a case involving a defendant convicted of an offense that resulted in the death of a person who is a parent of a minor, by specifi

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1.
Inquiry as to victim's financial loss.
The court shall, whenever practicable, inquire of a prosecutor, law enforcement officer or victim with respect to the extent of the victim's financial loss and shall order restitution when appropriate. The order for restitution must designate the amount of restitution to be paid and the person or persons to whom the restitution must be paid.
2.
Reasons for not imposing restitution.
In any case where the court determines that restitution should not be imposed in accordance with the criteria set forth in section 2005, the court shall state in open court or in writing the reasons for not imposing restitution, including, in a case involving a defendant convicted of an offense that resulted in the death of a person who is a parent of a minor, by specifically addressing the surviving dependent's economic loss and dependent's replacement loss and the reasons for not imposing restitution to compensate for those losses.
3.
Restitution required.
In any prosecution for a crime committed prior to the effective date of this chapter, or any amendment to this chapter, the court may, with the consent of the defendant, require the defendant to make restitution in accordance with this chapter as amended.

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