Page:United States Statutes at Large Volume 96 Part 1.djvu/1296

 96 STAT. 1254

Bodily injury.

Death.

Victim's estate.

Restitution.

Time period.

PUBLIC LAW 97-291—OCT. 12, 1982

"(B) if return of the property under subparagraph (A) is impossible, impractical, or inadequate, pay an amount equal to the greater of— "(i) the value of the property on the date of the damage, loss, or destruction, or "(ii) the value of the property on the date of sentencing, less the value (as of the date the property is returned) of any part of the property that is returned; "(2) in the caso of an offense resulting in bodily injury to a victim— "(A) pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment; "(B) pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation; and "(C) reimburse the victim for income lost by such victim as a result of such offense; "(3) in the case of an offense resulting in bodily injury also results in the death of a victim, pay an amount equal to the cost of necessary funeral and related services; and "(4) in any case, if the victim (or if the victim is deceased, the victim's estate) consents, make restitution in services in lieu of money, or make restitution to a person or organization designated by the victim or the estate. "(c) If the Court decides to order restitution under this section, the court shall, if the victim is deceased, order that the restitution be made to the victim's estate. "(d) The court shall impose an order of restitution to the extent that such order is as fair as possible to the victim and the imposition of such order will not unduly complicate or prolong the sentencing process. "(e)(1) The court shall not impose restitution with respect to a loss for which the victim has received or is to receive compensation, except that the court may, in the interest of justice, order restitution to any person who has compensated the victim for such loss to the extent that such person paid the compensation. An order of restitution shall require that all restitution to victims under such order be made before any restitution to any other person under such order is made. "(2) Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by such victim in— "(A) any Federal civil proceeding; and "(B) any State civil proceeding, to the extent provided by the law of that State. "(f)(1) The court may require that such defendant make restitution under this section within a specified period or in specified installments. "(2) The end of such period or the last such installment shall not be later than— "(A) the end of the period of probation, if probation is ordered; "(B) five years after the end of the term of imprisonment imposed, if the court does not order probation; and

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