Koile v. State

The aim of the majority’s construction of the restitution statute is laudable. However, the statute’s expedited (compared to the civil justice system) method of making the victim whole falls short of authorizing a victim’s estate or next of kin to receive the victim’s lost future income.

The statutory requirement that a defendant “reimburse the victim for income lost by the victim as a result of the offense” does not, in my view, encompass this form of restitution. First, contrary to the majority’s view, the usual understanding of the term “reimburse” looks backward to losses already incurred,…