Ordinance 1145-85 - Laserfiche WebLink

NE 1 MN 1 1 M N I 111= = NM MO 1 NM E Section 10: Alternative to a Fine--Restitution 1. If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, the court, in lieu of imposing the fine authorized for the offense under Section 9, may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's pain or victim's loss from the commission of a crime. Such amount may be used to provide restitution to the victim at the order of the court. It shall be the duty of the prosecuting attorney to investigate the alternative of restitution, and to recommend it to the court, when the prosecuting attorney believes that restitution is appropriate and feasible. If the court orders restitution, the court shall make a finding as to the amount of the defendant's gain or victim's loss from the crime, and if the record does not contain sufficient evidence to support such finding the court may conduct a hearing upon the issue. For purposes of this section, the terms "gain" or "loss" refer to the amount of money or the value of property or services gained or lost. 2. Notwithstanding any other provision of law, this section also applies to any corporation or joint stock association found guilty of any crime. -10-