MT HB578

Removes the requirement for courts to consider an offender's financial resources and future ability to pay when determining restitution amounts at sentencing, responding to the Montana Supreme Court's 2021 State v. Lodahl decision

Allows victims to provide information about pecuniary loss or property loss directly to probation officers for presentence reports without requiring a court order

Prohibits courts from waiving or adjusting restitution orders within 1 year of imposition or while the offender is in Department of Corrections custody

Requires victims receive notice and opportunity to be heard at any hearing where an offender petitions to modify restitution

Amends multiple criminal statutes (partner/family assault, sexual intercourse without consent, incest, ritual abuse of minor, criminal mischief) to remove language conditioning restitution on the offender's ability to pay