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Implementation of Assembly Bill 1186 – Changes to Restitution Fines

Summary and Background


Assembly Bill (AB) 1186, signed into law on September 28, 2024, introduces changes to the
collection of restitution fines in California.

Under existing law:

  • Courts impose restitution fines as part of sentencing, with funds deposited into the
    Restitution Fund.
  • Juvenile courts could also impose restitution fines on minors adjudged wards of the court.

What’s Changing?
Effective January 1, 2025, AB 1186 introduces the following updates:

  • Restitution fines and related fees become unenforceable and uncollectible 10 years after
    the date they are imposed by the court (excluding fines under Penal Code section 1202.45).
    This does not include direct orders of restitution for victims.
  • Juvenile restitution fines are eliminated, aligning with the closure of the Division of Juvenile
    Justice in June 2023.

Understanding Restitution: Fines vs. Direct Orders


When a person is convicted of a crime, the court may impose two types of restitution:

Restitution fines:

  • A set amount paid to the Restitution Fund, which supports victims of crime through the
    California Victim Compensation Board.
  • These fines are unrelated to specific victims and are based on the nature of the offense.

Direct orders of restitution:

  • Compensation paid directly to victims to cover losses caused by the incarcerated person
    (e.g., medical bills, lost wages, property damage).
  • Direct orders are case-specific and enforceable until fully paid.

Important Note:
Assembly Bill (AB) 1186 impacts restitution fines only. Direct orders of restitution remain
unaffected and continue to be collected.

Implementation Details


The Office of Victim and Survivor Rights and Services (OVSRS) is updating the Trust Restitution
Accounting and Canteen System (TRACS) to comply with AB 1186.

Key actions include:

  • Automatic termination of collections for restitution fines:
  • Starting January 1, 2025, TRACS will stop collection on restitution fines imposed
    more than 10 years ago.
  • Moving forward, collections will automatically cease 10 years after the fine’s
    imposition date.
  • Juvenile restitution fines are no longer collected as of June 2023.

Key Notes

  • AB 1186 impacts restitution fines only; there are no changes to the collection of direct
    orders of restitution.
  • Additional fines may be imposed in some cases alongside the restitution fine. These
    auxiliary fines are typically stayed and only enforced if the individual does not
    successfully complete parole. They are not commonly issued and function as
    supplementary penalties.
  • The “Date of Imposition” refers to the sentencing date listed on the Abstract of
    Judgment or Court Minute Order.
  • No refunds will be issued for collections made before January 1, 2025.

For further questions or clarifications, contact the Office of Victim and Survivor Rights and
Services, Restitution Services Unit at: CDCRRestitution@cdcr.ca.gov or Phone 1-877-256-6877

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