Does a judge have to order restitution be paid to victims prior to court costs, fines, and fees or is this just assumed? Do courts have discretion over what categories of restitution they order?
Marsy’s Law provides that victims are entitled to full and timely restitution. Courts are required to order restitution, not to exceed a victim’s actual losses. Victims must still prove their losses in compensable categories. Implementing legislation may include a prioritized order in which restitution is to be paid.