(a) As part of the sentencing process including deferred prosecutions under W.S. 7-13-301, in any misdemeanor or felony case, the prosecuting attorney shall present to the
court any claim for restitution submitted by any victim.
(b) In every case in which a claim for restitution is submitted, the court shall fix
a reasonable amount as restitution owed to each victim for actual pecuniary damage
resulting from the defendant's criminal activity, and shall include its determination
of the pecuniary damage as a special finding in the judgment of conviction or in the
order placing the defendant on probation under W.S. 7-13-301. In determining the amount of restitution, the court shall consider and include as
a special finding, each victim's reasonably foreseeable actual pecuniary damage that
will result in the future as a result of the defendant's criminal activity. A long-term physical health care restitution order shall be entered as provided
in W.S. 7-9-113 through 7-9-115.
(c) The court shall order the defendant to pay all or part of the restitution claimed
or shall state on the record specific reasons why an order for restitution was not
entered. If the court determines that the defendant has no ability to pay and that no reasonable
probability exists that the defendant will have an ability to pay in the future, the
court shall enter specific findings in the record supporting its determination.
(d) Any order for restitution under this chapter constitutes a judgment by operation
of law on the date it is entered. To satisfy the judgment, the clerk, upon request of the victim, the division of
victim services or the district attorney, shall issue execution in the same manner
as in a civil action.
(e) The court's determination of the amount of restitution owed under this section
is not admissible as evidence in any civil action.
(f) The defendant shall be given credit against his restitution obligation for payments
made to the victim by the defendant's insurer for injuries arising out of the same
facts or event.
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