§ 1-40-112 — Recovery from offender; restitution

Wyoming § 1-40-112

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 40: CRIME VICTIMS COMPENSATION
• Art. 1: IN GENERAL

Text

(a) If an order for the payment of compensation for
personal injury or death is made under this act, the state, upon
payment of the amount of the order, shall be subrogated to any
right of action the victim or dependent of the victim has
against the person or persons responsible for the injury or
death, and the state may bring an action against the responsible
person for the amount of the damages the applicant sustained.
(b) The applicant or other recipient shall give written
notice to the division of the making of a claim or demand or the
filing of a suit for the damages specified in subsection (a) of
this section.
(c) Restitution by an offender under W.S. 7-9-101 through
7-9-115 shall:
(i) To the extent compensation is paid under this
act, be paid to the division, deposited in the account and be
set off against a judgment in favor of the state in a civil
action arising out of the same facts or event;
(ii) Reduce by like amount any compensation
subsequently paid under this act arising out of the same facts
or event.
(d) Repealed By Laws 1997, ch. 152, § 2.
(e) Repealed By Laws 1997, ch. 152, § 2.
(f) Repealed By Laws 1997, ch. 152, § 2.
(g) Any payment of benefits to, or on behalf of, a victim
or other claimant under this act creates a debt due and owing to
the state by any person found, in a criminal court proceeding in
which he is a party, to have committed the criminal act.
Payment of the debt shall be a condition of probation or parole:
(i) In making payment of the debt a condition of
probation or parole, the court or state board of parole shall
set the schedule or amounts of payments, subject to modification
based on change of circumstances;
(ii) If the court or board does not order payment of
the debt, or orders only partial payment, it shall state on the
record the reasons therefor.