Kaul: Courts may enter judgments for unpaid restitution after offender’s death

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Sentencing courts may enter civil judgments for unpaid restitution in favor of victims after an offender’s death, according to an opinion from Wisconsin Attorney General Josh Kaul.

Wisconsin Department of Corrections Secretary Kevin Carr submitted a request to Kaul’s office asking whether a sentencing court may enter a civil judgment for the amount of unpaid restitution in favor of a crime victim and whether the DOC has authority or a duty to ask the court to enter such a judgment upon an inmate’s or a offender’s death.

Kaul released an opinion in response to the question on Tuesday. He said Wisconsin law provides that restitution be converted to a civil judgment after probation ends and treated the same as a civil judgment after the end of incarceration, probation, parole or extended supervision.

“(S)ince the sentencing court ordered restitution in the offender’s judgment of conviction before his death, the entry of a civil judgment is merely a clerical act that can occur after the offender dies,” Kaul wrote.

He also concluded the DOC has no affirmative legal duty to ask sentencing courts to enter civil judgments in those situations, but the agency could choose to do so.

“DOC’s ability to request civil restitution judgments furthers the sound public policy, embodied in both the state constitution and statutes, of ensuring that crime victims receive the restitution they are due,” Kaul wrote.

This is the second formal attorney general opinion of Kaul’s term. Wisconsin statute requires the attorney general to provide the Legislature and designated Wisconsin state government officials with an opinion on legal questions when asked.