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Restitution – Limitations – Delegation to DOC

State v. Aaron Evans, 2000 WI App 178, 238 Wis.2d 411, 617 N.W.2d 220
For Evans: Steven D. Phillips, SPD, Madison Appellate

Issue: Whether the sentencing court may allow the department of corrections to determine the amount of restitution.

Holding: Delegating determination of restitution to DOC isn’t authorized by statute and is therefore inappropriate: “Restitution is a statutory process and where, as here, a court constructs its own procedure to determine and set restitution-and that procedure is not authorized by the applicable and controlling law, the decision cannot stand.” ¶15. (Note: the procedure invalidated by the court of appeals is described as “standard Milwaukee County procedure.” ¶11.)

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