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Restitution — “Victim” — County Department of Human Services

State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862
For Baker: William E. Schmaal, SPD, Madison Appellate

Issue: Whether the county DHS, which paid out testing expenses for a sexual assault victim, may be considered for restitution purposes an “insurer, surety or other person who has compensated [the] victim.”

Holding: Because § 973.20(5)(d) permits restitution to a third party, ¶5, and because the county Medical Assistance program “is an insurer like any other for purposes of § 973.20(5)(d),” the trial court properly awarded restitution to the county, ¶13.

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