CRIMINAL LAWAND PROCEDURE
359
The court must file a certified copy of the order
with the person who is entitled under IC 5-8-6 to
receive notice of the death of an individual hold-
ing the office. The person receiving the copy of
the order must give notice of the order in the
same manner as if the person had received a notice
of the death of the officeholder under IC 5-8-6.
The person required or permitted to fill the vacancy
that results from a removal under this section
must comply with IC 3-13 or IC 20, whichever
applies, to fill the vacancy.
35-50-5-2. Alternative fine.
In the alternative to the provisions concerning
fines in the article, a person may be fined a sum
equal to twice his pecuniary gain, or twice the
pecuniary loss sustained by victims of the offense
he committed.
35-50-5-3. Restitution.
(a) Except as provided in subsection (i), (j), (l),
or (m), in addition to any sentence imposed under
this article for a felony or misdemeanor, the court
may, as a condition of probation or without plac-
ing the person on probation, order the person to
make restitution to the victim of the crime, the vic-
tim’s estate, or the family of a victim who is
deceased. The court shall base its restitution
order upon a consideration of:
(1) property damages of the victim
incurred as a result of the crime, based on
the actual cost of repair (or replacement if
repair is inappropriate);
(2) medical and hospital costs incurred by
the victim (before the date of sentencing)
as a result of the crime;
(3) the cost of medical laboratory tests to
determine if the crime has caused the vic-
tim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the
date of sentencing) as a result of the crime
including earnings lost while the victim
was hospitalized or participating in the
investigation or trial of the crime; and
(5) funeral, burial, or cremation costs
incurred by the family or estate of a homi-
cide victim as a result of the crime.
(b) Arestitution order under subsection (a), (i),
(j), (l), or (m) is a judgment lien that:
(1) attaches to the property of the person
subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment
that is delinquent under the restitution
order by the person in whose favor the
order is issued or the person’s assignee; and
(4) expires;
in the same manner as a judgment lien created in
a civil proceeding.
(c) When a restitution order is issued under
subsection (a), the issuing court may order the per-
son to pay the restitution, or part of the restitution,
directly to:
(1) the victim services division of the
Indiana criminal justice institute in an
amount not exceeding:
(A) the amount of the award, if any,
paid to the victim under IC 5-2-6.1;
and
(B) the cost of the reimbursements, if
any, for emergency services provided
to the victim under IC 16-10-1.5
(before its repeal) or IC 16-21-8; or
(2) a probation department that shall for-
ward restitution or part of restitution to:
(A) a victim of a crime;
(B) a victim’s estate; or
(C) the family of a victim who is
deceased.
The victim services division of the Indiana crim-
inal justice institute shall deposit the restitution it
receives under this subsection in the violent crime
victims compensation fund established by IC 5-
2-6.1-40.
(d) When a restitution order is issued under
subsection (a), (i), (j), (l), or (m), the issuing court
shall send a certified copy of the order to the
clerk of the circuit court in the county where the
felony or misdemeanor charge was filed. The
restitution order must include the following infor-
mation:
(1) The name and address of the person
that is to receive the restitution.
(2) The amount of restitution the person is
to receive.
Upon receiving the order, the clerk shall enter
