Financial Recovery

Restitution is monetary compensation owed to you, the victim, by the defendant. As a victim of crime, you have a right to restitu­tion from the defendant when you have crime-related expenses.

This guide explains restitution, how it is ordered and how the California Department of Corrections and Rehabilitation’s (CDCR) Office of Victim and Survivor Rights and Services (OVSRS) assists with restitution collection when the defendant is sentenced to state prison.

This guide also explains how the California Victim Compensation Board (CalVCB) can help with certain out-of-pocket crime-related expenses that have not and will not be reimbursed from any other source, as CalVCB is a payor of last resort.

One is called a Restitution Order and the other is a Restitution Fine.

A Restitution Order is a defendant’s debt to you as the victim. State law requires judges to order the defendant to pay restitution in every case in which the victim has suffered an economic loss as a result of the crime.

A Restitution Fine is a defendant’s debt to society. State law requires judges to order the defendant to pay a restitution fine, set at the time of sentencing.  Adult defendants are required to pay $150 to $1,000 for a misdemeanor and $300 to $10,000 for a felony.

Restitution fines go into the State’s Restitution Fund, a crucial funding source for CalVCB, which helps victims pay for expenses resulting from eligible crimes. Fines are very important in assuring that the fund has enough money to help past, present and future victims.

The judge will need information from you about your losses in order to determine the correct amount for a restitution order. Make sure you give loss information to your victim advocate, deputy district attorney and/or county probation office before the sentencing hearing. The district attorney (DA) will tell the judge the amount of your expenses so the judge can order restitution.

Occasionally, the defendant’s sentencing hearing happens before you submit your bills. In these cases, you may not know what the total of your losses will be, so restitution will be ordered with an amount “To Be Determined“(TBD).

Once you know your expenses, you will need to contact the DA’s office or the county probation department and request that a “restitution hearing” or a “restitution modification hearing” be put on calendar (scheduled court hearing) by the DA’s office. The judge should then modify your restitu­tion amount to include those losses. Restitution cannot be collected until a definite dollar amount is set.

If possible, follow these steps:

1. Give copies of loss information to your victim advocate, deputy district attorney and/or probation office before the sentencing hearing.
   1. Victim advocate: Every county has a Victim Witness Assistance Center with advocates who can help with your CalVCB application.
   1. Deputy district attorney in charge of your case: In the event the DA’s office sends you questionnaires or forms to complete concerning losses you may have incurred, it is critical that you complete and return all forms as soon as possible. Often, the DA is dealing with a very short window of opportunity to present your losses to the judge before sentencing occurs.
   1. County probation office: The probation office is often in charge of gathering information about your losses. In felony cases, a probation officer may call you or send you a written request for your loss information in order to complete their report to be presented in court.
2. Have the crime report number (given to you by the police) and the name of the defendant.
3. Keep copies of bills, receipts, expenses and any insurance information related to your crime. Always keep a copy of paperwork you submit to the DA, victim advocate and/or probation office.

WHAT ARE SOME EXAMPLES OF LOSSES COVERED BY A RESTITUTION ORDER?

• Attorney fees
• Funeral and burial expenses
• Home or vehicle modifications
• Interest
• Medical and dental services
• Mental health counseling
• Property loss – stolen or damaged property
• Possible future losses
• Relocation expenses
• Residential security
• Security system expenses

It’s important to follow up with the appropriate agency to make sure they have your name, current address and your phone number so they can forward any money collected from the defendant to you.

If the defendant is being sentenced to the county system (jail, probation or court supervision) you need to be in contact with your local county agency such as the probation depart­ment, collections department, the courts or whichever office is handling restitution collection. The agency you will need to contact may vary depending on the type of case and how your county operates.

Your local Victim Assistance Center will be able to direct you to the appropriate agency and provide you with contact information. To find contact information for  your local Victim Witness Assistance Center, visit victims.ca.gov/victims/localhelp.aspx or call CalVCB at 800.777.9229.

If the defendant is sentenced to a California state prison, be sure that your current contact information is on file with CDCR by completing a “Request for Victim Services” CDCR form 1707. CDCR automatically collects restitution from the incarcerated person after receiving docu­mentation from the county but will not be able to send it to you without your contact information. Registering with CDCR’s OVSRS will allow you to not only give your current contact information, but also, to ask for notifications such as parole hearing dates, release dates, etc. It is important to notify CDCR each time you move.

You may contact OVSRS directly at 1.877.256.6877 or learn more on CDCR’s website at cdcr.ca.gov/victims. Your contact information will never be given to the incarcerated person.

Also, be sure to get a certified copy of the restitution order for your records.

Once restitution is imposed and CDCR receives a certified copy of the restitution judgment from the court, CDCR can then assist in the collection of restitution from incarcerated persons.

When a defendant arrives at prison, a trust account is established. This trust account acts like a bank account to accept deposits and allow withdrawals while a person is in­carcerated with CDCR. It is also designed to track any financial obligations that an incarcerated person may have, such as restitution fines and orders.

If money is deposited into the trust account of an incarcerated person, CDCR will take up to 50 percent to pay toward their restitution. For those incarcerated persons who have a restitution fine and a restitution order, the restitution order obligation (debt to victim) will be paid first.

Money collected from the incarcerated person’s trust account is transferred to the State’s Restitution Fund for disbursement to the victim. Again, it is important that you register your current contact information with CDCR so you can receive any restitution collected. Be patient, as this can be a slow process. Money may accumulate through deposits to an incarcerated person’s trust account by family and friends. Other income may come from a job within the prison. Incarcerated persons typically make be­tween $0.38 and $1.00 per hour and there are a limited number of jobs available. It is possible that the incarcerated person will not receive any deposits into their account while in custody and no restitution collections can be made.

When an incarcerated person leaves prison and restitution has not been paid in full, all victims’ orders are referred to the California Franchise Tax Board (FTB). Victims may verify that their restitution debt has been transferred to FTB by calling CDCR’s OVSRS at 877.256.6877. FTB is authorized to use several collection methods including wage garnishment, bank liens and pay­ment plans in order to collect your restitution debt.

Note: If the incarcerated person was in state prison but is now under county supervision, the case may still remain with CDCR for collection purposes.

Your confidential information is never released to the incarcerated person, person on parole, or FTB during any part of this process.

PRISON LITIGATION REFORM ACT (PLRA)

The PLRA allows CDCR to collect restitution from court judgments or settlements obtained by incarcerated persons or persons on parole in cases against the state. Victim restitution orders will be deducted from any settlement before any funds are distributed to the incarcerated person or person on parole.

If the defendant was sent to state prison, call CDCR’s OVSRS toll free at 877.256.6877 and let them know you are not receiving payment.

If the defendant is on probation, talk to your local county probation department to ensure your current contact information is on file. Your probation department can assist you in obtaining restitution from the defendant.

Restitution orders never expire and cannot be discharged through bankruptcy.

Any time after sentencing, you may collect a restitution order as if it were a civil judgment. For more informa­tion you can contact the California Victims Resource Center via the internet at www.1800victims.org or by phone at 1-800-VICTIMS (842-8467).

You can also consult the California Judicial Branch at courts.ca.gov.

If your mailing address changes, please give your new address and phone number to the agency that is responsible for collecting your restitution which may be CDCR, probation or another agency.

A delay in the payment process will occur if your contact information is not current or accurate. Even if you haven’t received a recent payment, be sure that your current contact information is on file. Restitution is a lifetime debt and money may be collected at a later date. In some cases, it may take years for the defendant to be able to repay the entire debt. Again, your address and other contact information will always remain confidential.

Yes. If the defendant disagrees with the amount of restitution requested by the DA, they can ask for a hearing.

If the defendant asks for a hearing, you may be asked to appear or provide more information concerning your claimed losses. Your victim advocate, DA’s office or county probation de­partment can help you if this happens.

Restitution orders never expire. Even if the defendant cannot pay at the time of sentencing, you may collect at a later date.

Yes. Restitution does not go away until it is paid in full. Even if a defendant moves out of state or files for bankruptcy, the restitution debt remains.

The collection of restitution from the defendant is a different process than receiving compensation through CalVCB for being a crime victim.

Victims may be eligible for financial assistance through CalVCB even before the defendant is sentenced and ordered to pay restitution. If you were injured or threatened with injury during the crime and have crime-related expenses, ask your victim advocate about CalVCB.

CalVCB is a payor of last resort and provides financial assis­tance to victims of crime when certain losses and expenses cannot be paid by other sources. Note: CalVCB cannot cover costs of property damage or theft. If CalVCB provides financial assistance to you before sentencing, the judge may order the defendant to repay CalVCB. A victim can receive compensation through CalVCB even if restitution was ordered for the victim but cannot be collected immediately from the defendant.

CalVCB can cover crime-related expenses, such as:

• Funeral and burial costs
• Income or support loss
• Medical and dental expenses
• Mental health treatment
• Relocation

Often, victims have expenses from the crime that require payment before restitution is ordered or collected from the defendant. CalVCB can provide financial assistance for qualified expens­es until restitution becomes available, at which point you must reimburse CalVCB.

For more information, contact CalVCB at:

Phone: 800.777.9229

Email: info@victims.ca.gov

Online: victims.ca.gov

WHAT OTHER RESOURCES CAN HELP WITH MY LOSSES?

Be sure to check out alternative resources that may be able to help with your losses:

• Auto insurance
• Disability (private or state)
• Filing a civil lawsuit
• Funeral insurance policy
• Homeowner’s or renter’s insurance
• Life insurance policies
• Mortgage insurance
• Social Security benefits
• Veterans’ benefits
• Workers’ Compensation benefits