23.15.307    COMPENSATION BENEFITS

(1) Compensation benefits payable to a claimant or on his behalf are computed by subtracting from the claimant's expenses any payments made by the offender or other collateral source. The unpaid expense is subject to the statutory maximums and percentage of victim contribution.

(2) Payments from a collateral source for one type of expense may be used to offset other types of expenses once the original expense type has been paid.

(3) Payment by a collateral source to a claimant or a service provider for expenses also paid for by the crime victims fund creates an immediate debt to the crime victims fund, regardless of the length of time between the payments. The claimant is responsible for repayment of the debt. The collateral source may pay the fund directly rather than the claimant or service provider.

History: Sec. 53-9-104, MCA; IMP, Sec. 53-9-103, 53-9-125, 53-9-128, MCA; NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 2001 MAR p. 674, Eff. 4/27/01.