(a)As part of the sentencing process including deferred
prosecutions under W.S. 7-13-301, in any misdemeanor or felony
case, the prosecuting attorney shall present to the court any
claim for restitution submitted by any victim.
(b)In every case in which a claim for restitution is
submitted, the court shall fix a reasonable amount as
restitution owed to each victim for actual pecuniary damage
resulting from the defendant's criminal activity, and shall
include its determination of the pecuniary damage as a special
finding in the judgment of conviction or in the order placing
the defendant on probation under W.S. 7-13-301. In determining
the amount of restitution, the court shall consider and include
as a special finding, each victim's reasonably foreseeable
actual pecuniary damage that wil
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(a) As part of the sentencing process including deferred
prosecutions under W.S. 7-13-301, in any misdemeanor or felony
case, the prosecuting attorney shall present to the court any
claim for restitution submitted by any victim.
(b) In every case in which a claim for restitution is
submitted, the court shall fix a reasonable amount as
restitution owed to each victim for actual pecuniary damage
resulting from the defendant's criminal activity, and shall
include its determination of the pecuniary damage as a special
finding in the judgment of conviction or in the order placing
the defendant on probation under W.S. 7-13-301. In determining
the amount of restitution, the court shall consider and include
as a special finding, each victim's reasonably foreseeable
actual pecuniary damage that will result in the future as a
result of the defendant's criminal activity. A long-term
physical health care restitution order shall be entered as
provided in W.S. 7-9-113 through 7-9-115.
(c) The court shall order the defendant to pay all or part
of the restitution claimed or shall state on the record specific
reasons why an order for restitution was not entered. If the
court determines that the defendant has no ability to pay and
that no reasonable probability exists that the defendant will
have an ability to pay in the future, the court shall enter
specific findings in the record supporting its determination.
(d) Any order for restitution under this chapter
constitutes a judgment by operation of law on the date it is
entered. To satisfy the judgment, the clerk, upon request of the
victim, the division of victim services or the district
attorney, shall issue execution in the same manner as in a civil
action.
(e) The court's determination of the amount of restitution
owed under this section is not admissible as evidence in any
civil action.
(f) The defendant shall be given credit against his
restitution obligation for payments made to the victim by the
defendant's insurer for injuries arising out of the same facts
or event.