§ 1.20.070. Restitution.

A.

In the prosecution of violations of this code, it shall be the sole discretion of the chief of police and city attorney as to whether the city shall seek to have any defendant make restitution to the victim in any disposition or sentence.

B.

In the event the chief of police and city attorney make a determination to seek restitution on behalf of the victim, the court may order the defendant to make restitution to the victim.

C.

If restitution is part of the disposition by the court, restitution shall be made to the victim in accordance with the following:

1.

A presentencing hearing shall be held to assess the financial capacity of the defendant to make restitution as well as to determine the amount and conditions of payment at the court's discretion.

2.

Restitution shall be made in an amount not to exceed the actual out-of-pocket expenses or loss to the victim proximately caused by the conduct of the defendant to be payable over a period not to exceed one year.

3.

Cash bond in excess of actual court costs may be used for restitution.

4.

Where the conditions of payment have not been satisfied, the court at any time prior to the expiration or termination of the period of payment may impose an additional period. The length of the additional period shall not be more than one year. Only the conditions of payment shall continue to apply during such additional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions and to revoke the sentence if the conditions of payment are violated during such additional period.

(Ord. 03-13 § 1(part), 2003).

(Ord. No. 2012-16, § 1, 12-19-2012)