ILNews

Restitution can't include security system costs

Michael W. Hoskins
January 1, 2008
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State statute doesn't allow trial courts to order restitution to pay for installation of a security system in victims' homes, the Indiana Court of Appeals decided today.

Ruling on Keith Elton Rich v. State of Indiana, No. 79A05-0712-CR-687, the appellate court reversed Tippecanoe Circuit Judge Thomas Busch's restitution order issued in October 2007. Rich had pleaded guilty to burglary and marijuana possession and received a 14-year sentence that was partially suspended to probation. As a condition of probation, he also was ordered to pay a $200 public defender fee, and reimburse the victims for the cost of a home security system.

The Court of Appeals affirmed the sentence, ruling that the trial judge acted within its discretion on everything except the security system aspect of restitution. Judge Busch had questioned whether he had the authority to order that reimbursement. The judge had ordered Rich pay $2,154.20 for installation and monthly fees for the system, which the victims had installed "to help give peace-of-mind while alone at night or out of the house."

"Although this case is the first opportunity Indiana appellate courts have had to address the propriety of a restitution award for a burglary victim's installation of a security system, several of our sister states with restitution statutes similar to our own have addressed this question and concluded that the inclusion of this cost is improper," Judge Margret Robb wrote, citing caselaw from Colorado, Florida, Illinois, Kansas, Virginia, and Idaho.

The court relied on its holdings that restitution must reflect an actual loss incurred by the victim, and it analyzed the state statute's plain language that victims can receive restitution for "property damages" based on the cost of "repair."

"In no way do we fault or criticize the victims for feeling insecure in their home or seeking to install a security system," Judge Robb wrote. "However, whether the trial court should have the discretion to include the cost of a new security system in a restitution order is a question more properly addressed to the legislative branch than to the judicial branch. The installation of the new security system does not constitute such damage, and no other portion of the statute can be construed to authorize such an order."

This case is remanded with instructions to correct the restitution order.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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