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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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