Amount of Restitution
The court no longer has any discretion in the amount of the award. If the court finds that a victim has suffered economic damages, it must award the full damages unless the victim consents to a lesser amount. ORS 137.106. See Proceedings for the procedure for challenging the amount sought by the prosecutor.
Valuing the damages follows general principles of tort law. For instance, after a conviction for first-degree theft, proper restitution is what the damages would be in a suit for conversion – the market value of the items stolen at the time they were stolen. Therefore, an award for more than the purchase price is possible. State v. Wise, 150 Or App 449, 455-56 (1997). But since many items depreciate in value over time, this rule will generally favor defendants.
The defendant and state can stipulate to the amount of restitution in a plea agreement or otherwise and upon doing so, the court cannot award restitution in excess of that stipulated amount. State v. Seggerman, 167 Or App 140, 145-46 (2000).