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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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