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

STATE OF RHODE ISLAND
[SUPERIOR / DISTRICT] COURT
[________________________________] DIVISION

Statement of the Case

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

The Defendant entered a plea of [GUILTY / NOLO CONTENDERE / 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

Rhode Island restitution is governed by R.I. Gen. Laws § 12-19-32, which provides:

• Discretionary Authority: The court may order restitution in the form of monetary payment or services to the victim of a crime.
• Rational Basis: The court may utilize any rational method to calculate the restitution judgment, so long as it is "reasonably calculated to make the victim whole" and is consistent with the goals of rehabilitation.
• Payment Through State Courts: Restitution payments may be made through the Administrative Office of State Courts, which records payments and disburses funds to the victim.
• Immediate Payment: Where the court determines the defendant has the present ability to pay, payment shall be made at the time of sentencing.

Under R.I. Gen. Laws § 12-19-34, restitution payments to victims take priority over court costs, fines, fees, and assessments.

Under R.I. Gen. Laws § 12-28-5.1, a restitution order may be enforced as a civil judgment.

Victim Information and Claimed Losses

Victim 1: [________________________________]

Disputed Restitution Amount

The Defendant disputes the claimed restitution for the following reasons:

☐ The claimed losses are not reasonably calculated to make the victim whole
☐ The losses are not causally connected to the Defendant's criminal conduct
☐ Insufficient documentation supports the claimed amount
☐ The victim has been compensated by insurance or other sources
☐ The amount is inconsistent with rehabilitation goals
☐ Other: [________________________________]

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

Defense Arguments Against Claimed Restitution

A. Reasonableness of Claimed Amount

[________________________________]

B. Causal Connection

[________________________________]

C. Documentation Deficiencies

[________________________________]

D. Insurance and Third-Party Offsets

[________________________________]

E. Rehabilitation Considerations

[________________________________]

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. R.I. Gen. Laws § 12-19-32 -- Court may order restitution in the form of monetary payment or services.

2. In re James C., 871 A.2d 940 (R.I. 2005) -- Courts may utilize any rational method to calculate restitution as long as it is reasonably calculated to make the victim whole and consistent with rehabilitation goals.

3. State v. Rinaldi, 689 A.2d 388 (R.I. 1997) -- The amount of restitution must be supported by evidence in the record.

4. R.I. Gen. Laws § 12-19-34 -- Restitution payments are prioritized over fines, costs, and assessments.

5. R.I. Gen. Laws § 12-28-5.1 -- Restitution may be enforced as a civil judgment; the State may maintain civil actions including liens and wage garnishment.

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], Rhode Island [ZIP CODE]

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

_________________________________________
[ATTORNEY NAME], Attorney for Defendant
[BAR NUMBER]
[FIRM NAME]
[ADDRESS LINE 1]
[CITY], Rhode Island [ZIP CODE]
[PHONE NUMBER]
[EMAIL ADDRESS]

RHODE ISLAND STATE NOTES

• Discretionary Restitution: Unlike many states, Rhode Island restitution is discretionary, not mandatory.
• Rational Method Standard: The court may use any rational method to calculate restitution, provided the result is reasonably calculated to make the victim whole.
• Rehabilitation Goal: Restitution must be consistent with the goals of rehabilitation, which is unique among state restitution laws.
• Payment Priority: Restitution to victims is prioritized over fines, costs, and assessments under § 12-19-34.
• Civil Enforcement: The State may pursue civil remedies including liens on property and wage garnishment to collect unpaid restitution under § 12-19-34(c).
• Electronic Filing: Electronic filing is mandatory for Superior Court criminal cases per court rule.
• Victims' Constitutional Rights: R.I. Const. Art. I, § 23 provides crime victims with constitutional rights in the criminal process.