State v. J. M. E.
299 Or. App. 483
Or. Ct. App.2019Background
- Youth punched the victim in the nose; juvenile court found him guilty of acts that would be fourth-degree assault if an adult.
- Court ordered $13,065.49 restitution for victim’s medical expenses, including $4,745.49 for treatment at Silverton Hospital.
- The Silverton bill was paid by the Crime Victim Compensation Program (CVCP); the state presented no witness or other evidence about that bill’s reasonableness.
- At the restitution hearing the state argued CVCP payment shows the bill is reasonable because CVCP only pays reasonable medical expenses; youth argued payment alone is insufficient proof.
- The juvenile court accepted the state’s argument and included the Silverton amount in restitution.
- The Court of Appeals vacated and remanded the supplemental judgment, holding that CVCP payment alone—absent other evidence—is insufficient to prove the bill was reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CVCP payment of a medical bill proves that the bill is reasonable for restitution purposes | CVCP paid the bill and (by statute) pays only reasonable expenses, so payment presumptively establishes reasonableness | Payment alone is not proof; state presented no other evidence of market rate or reasonableness | CVCP payment alone is insufficient; trial court erred including the Silverton amount and judgment vacated/remanded |
| Whether a hospital bill submitted without additional evidence suffices to prove reasonable medical expenses for restitution | Implicitly relies on payment evidence to bolster the bill | A bare bill without testimony or market-rate proof is inadequate | A hospital bill by itself is insufficient; additional evidence (e.g., market-rate testimony or comparable insurer payment with supporting record) is required |
Key Cases Cited
- State v. McClelland, 278 Or App 138 (2016) (a hospital bill alone is insufficient to prove reasonableness for restitution)
- State v. Pumphrey, 266 Or App 729 (2014) (three prerequisites for restitution: criminal activity, economic damages, and causation)
- State v. E. V., 240 Or App 298 (2010) (Criminal Code definition of "restitution" applies in the Juvenile Code)
- State v. Campbell, 296 Or App 22 (2019) (payments by a publicly funded health insurer can indicate reasonableness where supported by testimony and a detailed statutory/regulatory scheme)