Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1114

(a) Nature and Extent of Remedy. Restitution is a judicially determined penalty in the form of money or services imposed against the defendant in a criminal case or a juvenile in a delinquency case for the benefit of the victim of a crime. A judge may order restitution as a condition of probation provided that the judge finds, or the parties, in consultation with the probation department, agree, that (1) the victim has suffered economic loss that is causally related to the defendant's criminal conduct, (2) the award does not exceed the victim's economic loss, and (3) the defendant has the ability to pay the money or perform the services.

(b) Procedural Requirements. The defendant has the right to counsel and the right to be heard at a restitution hearing. Cross-examination of the victim is limited to the issue of restitution and does not extend to matters concerning guilt or innocence. Hearsay is admissible, but an award of restitution cannot rest entirely on unsubstantiated and unreliable hearsay. The Commonwealth has the burden of proving both a causal connection between the crime and the victim's economic loss and the amount of the loss by a preponderance of the evidence.

(c) Judicial Determination. The amount of restitution ordered by the court must be based on evidence presented to the court or on a stipulation by the parties. The judge must determine (1) the amount of actual economic loss proved, (2) the appropriate length of the probation period, and (3) the defendant's maximum monthly ability to pay. The defendant bears the burden of proving an inability to pay.