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Restitution — Limitations — Time Limit

State v. Edward W. Johnson, Jr., 2002 WI App 166
For Johnson: Robert T. Ruth

Issue: Whether delay of 18 months in setting restitution amount deprived court of jurisdiction to enter the restitution order.

Holding: Statutory time limits for setting restitution are regulatory, not jurisdictional, and may be exceeded when there is a valid reason and no prejudice. ¶8. A valid reason existed here: at sentencing Johnson agreed to a delay in setting restitution; a victim’s costs continue to accumulate; Johnson didn’t object until the day of the restitution hearing. (“(W)e conclude that it was not reversible error to delay restitution proceedings when the victim in a consolidated case was still accumulating compensable costs.”) ¶10. Nor can Johnson show any prejudice from delay. ¶¶11-13.

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