California, United States of America
The following excerpt is from People v. McLaughlin, B257566 (Cal. App. 2016):
Additionally, Penal Code section 1202.4, subdivision (f)(3) provides that the restitution order "shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct." (Italics added.) The situation here did not involve unpaid medical bills that were continuing to accrue interest; the bills were paid in full. To allow the victim to receive amounts in the form of interest that were never charged by or paid to the medical providers would constitute a pure windfall to her. As stated in People v. Millard (2009) 175 Cal.App.4th 7, 27: "To 'fully reimburse' the victim for medical expenses means to reimburse him or her for all out-of-pocket expenses actually paid by the victim or others on the victim's behalf (e.g., the victim's insurance company). The concept of 'reimbursement' of medical expenses generally does not support inclusion of amounts of medical bills in excess of those amounts accepted by medical providers as payment in full." Because the medical bills were paid in full, the trial court erred in
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ordering appellant to pay the victim interest on these bills. This part of the restitution order is stricken.
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