Restitution Hearing Brief

RESTITUTION HEARING BRIEF

TABLE OF CONTENTS

1. Caption
2. Statement of the Case
3. Applicable Restitution Statute
4. Victim Information and Claimed Losses
5. Disputed Restitution Amount
6. Defense Arguments Against Claimed Restitution
7. Proposed Alternative Restitution
8. Defendant's Ability to Pay
9. Proposed Payment Plan
10. Legal Authority and Case Law
11. Certificate of Service

Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

Statement of the Case

On [__/__/____], the Defendant, [DEFENDANT FULL NAME], was convicted of [CHARGE(S)] in violation of ORS § [________________________________]. The conviction arose from events occurring on or about [__/__/____] in [COUNTY NAME] County, Oregon.

The Defendant entered a plea of [GUILTY / NO CONTEST / WAS FOUND GUILTY AT TRIAL] on [__/__/____]. The State has requested restitution in the amount of $[________________________________]. This brief is submitted in advance of the restitution hearing scheduled for [__/__/____].

Applicable Restitution Statute

Under ORS § 137.106, Oregon mandates restitution as follows:

• Mandatory Restitution: If the court finds that a victim suffered economic damages, the court shall order restitution in addition to any other sanction, unless the court states on the record clear and compelling reasons not to do so.
• Economic Damages: As defined in ORS § 137.103, includes objectively verifiable monetary losses including medical expenses, loss of income, burial costs, loss of use of property, cost of repair or replacement, and costs of obtaining alternative services.
• 90-Day Rule: If the district attorney cannot present restitution evidence at sentencing, the DA may file a restitution motion within 90 days after sentencing (extendable for good cause).
• Defendant's Objection Right: If the defendant objects to the amount, the court shall schedule a hearing. The defendant must file objections within 30 days of receiving the DA's supporting documentation.
• Supplemental Judgment: Restitution may be entered as an amended or supplemental judgment.

Victim Information and Claimed Losses

Victim 1: [________________________________]

Disputed Restitution Amount

The Defendant disputes the claimed restitution for the following reasons:

☐ The claimed damages are not "economic damages" under ORS § 137.103
☐ The losses are not causally connected to the Defendant's criminal conduct
☐ Documentation is insufficient to support the claimed amount
☐ The victim has been compensated by insurance or other sources
☐ The DA failed to file the restitution motion within the 90-day statutory period
☐ Other: [________________________________]

Defendant's Position on Restitution Amount: $[________________________________]

Defense Arguments Against Claimed Restitution

A. Economic Damages Limitation

[________________________________]

B. Causal Connection

[________________________________]

C. Documentation Deficiencies

[________________________________]

D. Insurance and Other Compensation Offsets

[________________________________]

E. Timeliness of Restitution Request

[________________________________]

Proposed Alternative Restitution

Proposed Total Restitution: $[________________________________]

Defendant's Ability to Pay

Current Employment: [________________________________]
Monthly Gross Income: $[________________________________]
Monthly Net Income: $[________________________________]

Monthly Obligations:

Monthly Disposable Income: $[________________________________]

Proposed Payment Plan

• Total Restitution Amount: $[________________________________]
• Initial Payment (if any): $[________________________________]
• Monthly Payment Amount: $[________________________________]
• Payment Start Date: [__/__/____]
• Estimated Completion Date: [__/__/____]

Legal Authority and Case Law

1. ORS § 137.106 -- Mandatory restitution for economic damages unless clear and compelling reasons exist.

2. State v. Dillon, 292 Or. 172, 637 P.2d 602 (1981) -- Restitution must be limited to losses directly resulting from the criminal conduct.

3. State v. Ramos, 250 Or. App. 602 (2012) -- The State bears the burden of proving the amount of restitution by a preponderance of the evidence.

4. State v. Taylor, 296 Or. App. 723 (2019) -- The court must make specific findings supporting the restitution amount.

5. State v. Guerin, 356 Or. 711, 344 P.3d 1060 (2015) -- Restitution may only include "economic damages" as defined by statute.

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of this Restitution Hearing Brief was served upon:

[PROSECUTING ATTORNEY NAME]
[OFFICE TITLE]
[ADDRESS LINE 1]
[CITY], Oregon [ZIP CODE]

☐ Personal Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing / Service
☐ Facsimile

_________________________________________
[ATTORNEY NAME], Attorney for Defendant
[OSB NUMBER]
[FIRM NAME]
[ADDRESS LINE 1]
[CITY], Oregon [ZIP CODE]
[PHONE NUMBER]
[EMAIL ADDRESS]

OREGON STATE NOTES

• Mandatory Restitution: Oregon is a mandatory restitution state. The court must order restitution unless it states clear and compelling reasons on the record.
• Inability to Pay: The defendant's inability to pay is NOT a ground for declining to order restitution.
• Economic Damages Only: Restitution is limited to objectively verifiable monetary losses under ORS § 137.103.
• 90-Day Filing Window: The DA has 90 days after sentencing to file a restitution motion if not presented at sentencing, extendable for good cause.
• Defendant's Objection Right: The defendant must receive documentation and has 30 days to file objections and request a hearing.
• Victims' Constitutional Right: Article I, § 42 of the Oregon Constitution grants victims the right to restitution.
• Supplemental Judgment: Restitution may be entered through an amended or supplemental judgment.