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Washington Supreme Court hears dispute over whether courts can reduce restitution tied to state victim-compensation payments
Summary
At oral argument in State v. Montreal Lee Anthony Morgan Sr., defense counsel urged that sentencing courts retain discretion to set restitution amounts under the Sentencing Reform Act; the state argued the restitution statute and the Crime Victims Compensation Act require courts to order the amount the fund paid. The court took the case under advisement and recessed for 10 days.
The Washington Supreme Court heard argument on Sept. 12, 2024, over whether a sentencing court may reduce a restitution order below the amount the Crime Victims Compensation Fund (administered by the Department of Labor and Industries) seeks to recover. Defense counsel, identified on the docket as Kate Benward, told the court that restitution serves punitive, compensatory and rehabilitative goals and that RCW 9.948.7537 allows the sentencing court to determine the appropriate restitution amount for a particular defendant.
The dispute centers on the interplay between the restitution statute and the Crime Victims Compensation Act. "The statute requires the court shall order restitution," defense counsel said in argument, urging the court to read the statute to permit a sentencing court to exercise judgment consistent with the Sentencing Reform Act. Counsel argued that treating the agency's…
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