Statutes | The Confederated Salish and Kootenai Tribal Law Code Title II Chapter 2 Part 12 ยง 2-2-1205 | 2019

(1) When restitution is ordered, the court shall specify the amount, method and payment schedule imposed upon the offender. Before restitution may be ordered, the defendant shall receive notice of the amount and terms requested and shall be entitled to a hearing upon his or her timely request.

 

(2) The fact that restitution was ordered is not admissible as evidence in a civil action and has no legal effect on the merits of a civil action.

 

(3) Except as otherwise provided in this subsection, restitution paid by an offender to an injured person must be deducted from any monetary award granted to said injured person in a civil action arising out of the facts or events which were the basis for the restitution.  The court trying the civil action shall determine the amount of any reduction due to payment of restitution by an offender under this section.  However, in the event that criminal and civil actions against an offender arising from the same transaction or events are heard in courts of different jurisdictions, one of which is the Tribal Court, the Tribal Court shall adjust offenders payments within its jurisdictional control for restitution or otherwise to assure that an injured party does not recover twice for the same harm.

 

(4) An offender may petition for modification of sentence imposing restitution and request a hearing on the matter.  The injured person shall be given notice by the offender of any proposed modification and afforded an opportunity to be heard on the proposed modification. (Rev. 4-15-03)