Restitution Responsibilities
Sections
- What Is Restitution?
- What Is a Restitution Order?
- Is a Victim Restitution Order a Life-Long Debt?
- What Is a Restitution Fine?
- Where does the money from the Restitution Fine go?
- Paying Your Restitution Orders and Fines
- What If I am Sentenced to Prison?
- How do I make payments after release?
- What if I want to move out of California?
- What if I am release on Post-Release Community Supervision (PRCS)?
- Franchise Tax Board (FTB) Collections
- How Do I Find Out How Much I Owe?
- What If I Don’t Pay?
The California Department of Corrections and Rehabilitation (CDCR) created this guide to help the incarcerated and previously incarcerated population navigate the process of understanding and paying their court ordered restitution.
WHAT IS RESTITUTION?
Restitution is your repayment, to cover financial losses caused by your criminal activity. Restitution is ordered at the time of your sentencing and is read aloud in court along with your sentence, or at a future court date if restitution has not been determined yet. There are two types of restitution: victims restitution orders and restitution fines. The court can order both types of restitution in the same case. If you are found guilty in multiple cases, the court can order restitution in each case. If your parole or probation is revoked or you are violated, you will also have to pay the parole or probation revocation fine that is equal to the original fine amount per Penal Code Section 1202.45.
Additionally, restitution can be another valuable part of the restorative justice process as financial accountability for the crimes committed. Restitution means “paying back.” A law dictionary defines restitution as an “act of restoring; restoration; restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage or injury.”
A restitution order is issued by the court for crime-related losses that may include but are not limited to: property loss medical bills, funeral and burial expenses or other costs. Penal Code Section 1202.4 gives the court the authority to award restitution to victims and requires you to pay the full amount of their economic out-of-pocket loss. There is no maximum amount for this type of restitution.
If you are sentenced before the victim’s losses are determined, the judge can order restitution at a later date. Once the victim determines their expenses to be reimbursed, the judge will order you to pay that amount. In addition, you may also be responsible for the expenses of the victim’s family, as long as the expenses are related to the crime.
IS A VICTIM RESTITUTION ORDER A LIFE-LONG DEBT?
Yes, a victim restitution order does not go away until it is paid. You will still owe restitution even if you declare bankruptcy or discharge from parole. After you leave CDCR, any unpaid restitution balance will be sent to the California Franchise Tax Board (FTB) for collection.
A restitution fine is your debt to society for your criminal behavior. The fine is part of your rehabilitation. State law requires all persons convicted of a felony to pay a restitution fine. When you are sentenced, the judge will require you to pay a restitution fine within a set dollar range, depending on the date when the crime was committed and type of crime.
- Adult misdemeanor convictions – a minimum of $150 and a maximum of $1,000.
- Adult felony convictions – a minimum of $300 and a maximum of $10,000.
WHERE DOES THE MONEY FROM THE RESTITUTION FINE GO?
The money you pay toward a restitution fine goes into the State of California’s Restitution Fund, an important funding source for the California Victim Compensation Board (CalVCB). CalVCB helps victims of violent crime pay for bills that result from the crime.
HOW DO I PAY MY RESTITUTION ORDERS AND FINES?
This may vary depending on the county where your crime was committed and/or depending on the type of crime. Restitution may be collected by one of the following departments or agencies:
- Court
- Probation Department
- County Revenue Departments
- FTB
- CDCR
- CalVCB
WHAT IF I AM SENTENCED TO PRISON?
If you are sentenced to prison, CDCR will collect restitution payments. CDCR will garnish 50 percent of any ‘non-exempt’ deposits made to your prison trust account, including money sent in by family or friends or wages earned while you are in prison.
If you want to send direct voluntary payments to CDCR for your restitution obligations while you are in prison, make sure your CDCR number and name are included with the payment and states “restitution only”.
The Board of Parole Hearings (BPH) looks at many aspects of an incarcerated person’s history in determining parole suitability. BPH may review your restitution payment history as part of its determination.
AFTER I AM RELEASED FROM PRISON, HOW DO I MAKE PAYMENTS TOWARD MY RESTITUTION OBLIGATIONS?
Payments can be made toward the restitution obligations by sending a check, cashier’s check or money order to CDCR at the address provided below. It is very important to note your CDCR number and name on any payments made to the CDCR Trust Accounting office.
CDCR Trust Accounting
P.O. Box 276088
Sacramento, CA 95827
All checks are held for 30 days from the date they are cashed. It takes 40-45 days to post to your account after it is mailed.
You may also send money electronically through one of the following companies: JPay (www.jpay.com) or Access Secure Deposits (www.accesscorrections.com/).
WHAT IF I AM CURRENTLY ON PAROLE AND WANT TO MOVE OUT OF THE STATE OF CALIFORNIA?
You may be required to pay all outstanding restitution fines and orders before you are allowed to leave the state. For more information, call CDCR’s OVSRS at 877-256-6877. Please have your Parole Agent request a Statement of Restitution Obligation from the Office of Victim and Survivor Rights and Services, Restitution Unit.
WHILE I AM ON POST-RELEASE COMMUNITY SUPERVISION (PRCS), WHICH AGENCY RECEIVES MY PAYMENTS?
Each county is authorized to designate a collection agency that will collect restitution payments when someone is released on PRCS via Penal Code Section 2085.6. However, at this time, not all counties are actively pursuing collection. CDCR also has the legal authority to pursue collection from PRCS probationers. It is important that you speak with your probation officer to determine which agency has been designated for collection at the county level. If you have been released on PRCS, CDCR will still refer your case to FTB for collection unless otherwise notified by the county.
If you have questions on payments, contact CDCR at 877-256-6877
WILL CDCR REFER MY CASE TO FTB FOR COLLECTION EVEN IF I AM MAKING VOLUNTARY PAYMENTS?
Yes, CDCR refers all cases with outstanding balances of victim restitution orders to FTB for collection after the incarcerated person is released from prison. Restitution fines are sent to FTB by CalVCB. However, any voluntary payments made toward your restitution obligations will reduce the amount you owe once your case is referred to FTB.
WHO DO I CALL TO FIND OUT HOW MUCH RESTITUTION I OWE AND WHETHER IT HAS BEEN SENT TO FTB FOR COLLECTION?
You can contact CDCR’s Office of Victim and Survivor Rights and Services (OVSRS) at 877-256-6877, and ask to speak to a restitution analyst for your balance information and to find out the current status of your restitution obligations.
You can also contact FTB directly at (916) 845-4064 or visit FTB’s Court Ordered Debt webpage to setup a payment plan https://www.ftb.ca.gov/pay/collections/court-ordered-debt/pay-your-court-ordered-debt.asp
If you have received a Demand for Payment letter from FTB, you will need to contact the FTB and set up a payment plan. FAILURE TO DO SO COULD RESULT IN WAGE GARNISHMENT OR FTB COULD LEVY YOUR BANK ACCOUNT.
CDCR refers all cases with outstanding unpaid victim restitution balances to FTB 90 days after release from prison.
- Failure to make your restitution payments may be a violation of the terms and conditions of your probation.
- If you do not pay your restitution fine and/or order, money may be garnished from your paycheck or bank account.
QUESTIONS? CONTACT US!
Toll Free: 1-877-256-6877
Email: CDCRRestitution@cdcr.ca.gov
Website: www.cdcr.ca.gov/victims
CDCR Office of Victim and Survivor Rights & Services
PO BOX 942883
Sacramento, CA 94283
