Kaul: Courts may enter judgments for unpaid restitution after offender's death.

Byline: Michaela Paukner, mpaukner@wislawjournal.com

Sentencing courts may enter civil judgments for unpaid restitution in favor of victims after an offender's death, according to an opinion from Wisconsin Attorney General Josh Kaul.

Wisconsin Department of Corrections Secretary Kevin Carrsubmitted a request to Kaul's office asking whether a sentencing court may enter a civil judgment for the amount of unpaid restitution in favor of the crime victim and whether the DOC has the authority or duty to ask the court to enter such a judgment upon an inmate or offender's death.

Kaul released an opinion addressingthe question on Tuesday. He said Wisconsin law provides that restitution be converted to a civil judgment after probation ends and treated the same as a civil judgment after the end of incarceration, probation, parole or extended supervision.

"(S)ince the sentencing court ordered restitution in the offender's judgment of conviction before his death, the entry of a civil judgment is merely a clerical act that can occur after...