(1) To determine the amount of restitution, the court may hold a hearing at the time of sentencing. The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record. The court shall consider the defendant's earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim. In considering the earning ability of a defendant who is sentenced to imprisonment, the court may receive evidence of money anticipated to be earned by the defendant during incarceration.
(2) A person may not be granted or denied probation or parole either solely or primarily due to his or her financial resources or ability or inability to pay restitution.
(3) The court may order that restitution be made immediately, in specified installments, or within a specified period of time not to exceed five years after the date of judgment or defendant's final release date from imprisonment, whichever is later.
(4) If, in addition to restitution, a defendant is ordered to pay fines and costs as part of the judgment and the defendant fails to pay the full amount owed, funds shall first be applied to a restitution obligation with the remainder applied towards fines and costs only when the restitution obligation is satisfied in full.
(5) Restitution payments shall be made through the clerk of the court ordering restitution. The clerk shall maintain a record of all receipts and disbursements.
Notes of Decisions
Cited in
37
cases (
4 in the last 5 years), 1987–2025 · leading case:
State v. McCulley, 305 Neb. 139 (Neb. 2020).
State v. McCulley, 305 Neb. 139 (Neb. 2020).
· cites it 24× “After recounting the plea agreement and McCulley’s will- ingness to pay restitution, defense counsel then raised the court’s statutory duty pursuant to Neb. Rev. Stat. § 29-2281 (Reissue 2008) to consider factors related to McCulley’s ability to pay restitution.”
State v. McBride, 27 Neb. Ct. App. 219 (Neb. Ct. App. 2019).
· cites it 6× “Pursuant to Neb. Rev. Stat. § 29-2281 (Reissue 2016), before restitution can be properly ordered, the trial court must consider: (1) whether restitution should be ordered, (2) the amount of actual damages sustained by the victim of a crime, and (3) the amount of restitution a…”
State v. St. Cyr, 26 Neb. Ct. App. 61 (Neb. Ct. App. 2018).
· cites it 6× “The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record.”
State v. Clapper, 732 N.W.2d 657 (Neb. 2007).
· cites it 10× “[5] Under Neb.Rev.Stat. § 29-2281 (Reissue 1995), before restitution can be properly ordered, the trial court must consider: (1) whether restitution should be ordered, (2) the amount of actual damages sustained by the victim of a crime, and (3) the amount of restitution a…”
State v. Campbell, 527 N.W.2d 868 (Neb. 1995).
· cites it 11× “We vacate the district court’s order of restitution because the restitution hearing held by the district court was untimely under Neb. Rev. Stat. § 29-2281 (Reissue 1989).”
State v. Street, 306 Neb. 380 (Neb. 2020).
· cites it 12× “Under Neb. Rev. Stat. § 29-2281 (Reissue 2016), before restitution can be properly ordered, the trial court must consider (1) whether restitution should be ordered, (2) the amount of actual damages sustained by the victim of a crime, and (3) the amount of restitution a criminal…”
State v. Wells, 598 N.W.2d 30 (Neb. 1999).
· cites it 9× “The amount of restitution shall be based on the actual damages sustained by the victim and shall be supported by evidence which shall become a part of the court record. The court shall consider the defendant’s earning ability, employment status, financial resources, and family…”
In Re Interest of Laurance S., 742 N.W.2d 484 (Neb. 2007).
· cites it 4× “Appellants refer this court to the criminal restitution statute, Neb. Rev. Stat. § 29-2281 (Reissue 1995), which provides, in pertinent part, as follows: To determine the amount of restitution, the court may hold a hearing at the time of sentencing.”
State v. Holecek, 621 N.W.2d 100 (Neb. 2000).
· cites it 9× “The court shall consider the defendant’s earning ability, employment status, financial resources, and family or other legal obligations and shall balance such considerations against the obligation to the victim.”
State v. McGinnis, 507 N.W.2d 46 (Neb. Ct. App. 1993).
· cites it 6× “Section 29-2281 prescribes procedural rules for a sentencing court to follow in determining the amount of restitution to be made by a defendant.”
State v. Yost, 455 N.W.2d 162 (Neb. 1990).
· cites it 4× “Once the court has made the decision to order restitution, § 29-2281 provides in pertinent part: To determine the amount of restitution, the court may hold a hearing at the time of sentencing.”
State v. McLain, 469 N.W.2d 539 (Neb. 1991).
· cites it 5× “” § 29-2281. Section 29-2281 further provides that a court may hold a hearing at the time of sentencing.”
— Neb. Rev. Stat. § 29-2281(3) — 1 case
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