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Montana bill would curb courts’ use of ability-to-pay to deny restitution to victims
Summary
Sponsor Rep. Bill Mercer said HB 578 would reverse a 2021 Montana Supreme Court ruling and prevent courts from waiving restitution at sentencing solely on defendants’ present inability to pay; opponents including the ACLU and Catalyst Montana warned the change could produce uncollectible debt and worsen supervision outcomes.
Rep. Bill Mercer (House District 52) told the House Judiciary Committee Tuesday that House Bill 578 aims to overturn a 2021 Montana Supreme Court decision he called Lodol and to restore the legislature’s earlier mandate that restitution generally be imposed when a victim has suffered a loss. Mercer said the bill would stop courts from permanently waiving restitution at the time of sentencing and instead allow victims an opportunity to recover over time.
"What this bill is focusing on is ensuring that you can't, if you don't have the ability to recover at the time…
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