State v. McClelland
Annotate this CaseDefendant was charged with partner or family member assault, second offense. The State filed notice that the Crime Victims Compensation Program sought restitution from Defendant for the amount the Program paid to the victim’s counselor as a result of treatment required by Defendant’s conduct. Defendant pleaded guilty to negligent endangerment and requested a hearing on the amount of the restitution. After a hearing, the municipal court found that a preponderance of the evidence supported the amount of restitution sought and ordered Defendant to make restitution to the Program for the counseling costs. The district court affirmed the restitution order. The Supreme Court reversed, holding that the municipal court erred in denying Defendant’s request to examine the mental health treatment form that supported the State’s restitution request, because, to the extent the form did not contain the victim’s private information, Defendant was entitled to view the form as a matter of procedural due process.
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