Montana § 41-5-1521 Restitution

Montana Statutes

§ 41-5-1521 — Restitution

Montana § 41-5-1521

Title 41MINORS

Ch. 5YOUTH COURT ACT

Part 15Formal Proceeding -- Hearing -- Disposition

This text of Montana § 41-5-1521 (Restitution) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 41-5-1521 (2026).

Text

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, a youth's parent or guardian, or a person who contributed to the delinquency of a youth is not subject to subrogation.

(3)(a) If, after a hearing held in accordance

Free access — add to your briefcase to read the full text and ask questions with AI

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, a youth's parent or guardian, or a person who contributed to the delinquency of a youth is not subject to subrogation.
(3) (a) If, after a hearing held in accordance with 41-5-1432 , the court finds that the youth made a good faith effort yet was unable to pay restitution in full, the court shall relieve the individual of the requirement, and the balance will be void and uncollectable.
(b) If the court finds that a good faith effort was not made to pay restitution as ordered, the youth shall remain under the court's jurisdiction as provided in 41-5-208 until the age of 25. At the expiration of the court's jurisdiction, the balance of outstanding restitution is void and uncollectable.
(c) A youth under obligation to pay restitution may petition the court at any time for modification of the restitution order.