Court Rejects Constitutional Challenges to Statutory Mandatory Restitution to Identify Theft Victims

State v. Rey, Minn.Ct.App., 1/9/2017.  The trial court ordered Mr. Rey to pay $1,000.00, the mandatory statutory restitution amount, to each of sixty-six identity theft victims.  Mr. Rey objected on various constitutional grounds, all of which the trial court, and now the court of appeals rejected.  Here are the four questions that the court addressed:'

I. Does the minimum-restitution provision in Minnesota Statutes section 609.527, subdivision 4, violate Rey’s substantive due-process rights?

II. Does the minimum-restitution provision in Minnesota Statutes section 609.527, subdivision 4, violate Rey’s procedural due-process rights?

III. Did the district court fail to consider Rey’s ability to pay before ordering restitution?

IV. Is the minimum-restitution provision in Minnesota Statutes section 609.527, subdivision 4, an unconstitutional fine?

The court answered, No, to each of these questions.