View Full Version : Paying restitution???
1wife 07-19-2004, 08:53 PM Hi PTO!!! I had a question about the prison taking a percentage of money out from the original amount I send my husband...... I have already paid off all of his court fees and fines in Feb. (and boy did he have a lot!!!) I have checked the court web sites and all of his cases have a $0 balance as far as any amounts due...But yet they are still taking money out of the money I send him.
Can anyone tell me why or if this is right or if I should be contacting someone and if so who???
Thanks again for all your support and wisdom.....
PS I wasnt sure where to post this so sorry if it has to be moved:)
Heidi Jones 07-19-2004, 11:24 PM Your husband should contact the Office of Victim Services & Restitution to request an accurate balance. He can then request the Trust Office correct their records to reflect a zero balance. If they don't want to correct it, he can file a 602 on it.
The Office of Victim Services & Restitution is at
Department of Corrections
P.O. Box 1046
Folsom, CA 95763-1046
Hope this helps...
Heidi
MrsMalcom 07-20-2004, 01:12 AM No - remember that ALL INCOMING INMATES have to pay $200 to a STATE FEE. Remember the "gate money" - there you have it.
So technically every inmate pays "restitution" - at least $200. And I understand that it is assesed while in reception, but they don't start taking the money until they mainline.
Mine was NOT ordered any restitution in court - and was told that he will be "debited" 200 for a state fee.
1wife 07-20-2004, 07:33 PM Mrs Malcom, do you know if you have to pay that $200.00 back for each prison term, my husband unfortunatly has many......?
Thanks again Heidi and Mrs Malcom for you info it really clears a lot of answers up...:)
MrsMalcom 07-21-2004, 12:09 AM I am sure that it is $200 and only for the current prison sentence.
BABYGIRL67 07-22-2004, 12:04 AM MY HUSBAND HAS TOLD ME THAT THE WAY RESTITUTION WORKS IN THE CDC IS THAT THE INMATES ARE FINED $200 FOR EACH FELONY........
1wife 07-22-2004, 08:58 PM Thanks again everyone for the info, I am going to contact the dept that Heidi suggested, because they have taken out way over $200.00.
As usual I always know that when I have questions or problems PTO is the place to go!!!!
Thanks!@!!!!:)
Cubana 07-23-2004, 12:11 AM I calle d back in November to check on my husbands Restitution and they said " The $200 is PAID IN FULL" now that we are trying to transfer him out of state the sent him a copy of his restitution fron the inmate trust office and it was $900. I called pissed to see why when I called months ago they said it changed. They said it's from past cases and the SYSTEM is not always accurate and sometimes things TAKE AWHILe to catch up. He was fined $ 200 3 times but only one showed up. The others went up to $400 for violating his Parole. So even when you pay off the restitution in full I would called back 4-6 months prior to his release and check again, it takes WEEKS for them to update the status of the restitution.
Not everyone pays restitution. Generally it's only when ordered by the courts. Example - I owed a large restitution to my victim. So every dime that went into my account was hit. In the beginning it was 22%, then 33%. Now it's 55%. But there were plenty of people that were not paying anything. The $200 does not always apply.
California Sunshine 09-06-2004, 08:45 PM My guys account is finally at zero or so they say anyways!! Where he is he recieved paperwork every month showing his acct balance.
keyrup 09-26-2004, 02:57 AM My man said he has to pay 55% off his books. Thats alot sending 50.00 is like sending 23.00 thats crazy. does anyone know the website that you can send packages from?
keyrup- Access is one vendor you could look up-there are 2 websites-one is basically for food www.californiaqp.com and other one is for special orders etc-www.accesscatalog.com.
bellezlove 08-15-2005, 01:25 PM my question is, if i pay off my mans restituation is it easier for him to get the transrer he wants? when i called the prison they said it's 44%they take out off the top so when paying this payment put rest.only on the m/order & envelope i mail it in. in 2007 it will go up to 55% does this sound right? so restituation is payment for prison time or payment to victims? thanks i really dont understand it.
cg's_angel 08-15-2005, 04:24 PM Let me understand a little what I'm reading here, I'm new to this situation. In reception, they will start deducting the $200 that is court ordered basically they put this $$ into an account. Let's say i send in $100 the deduct 44% so he gets $56 they get $44. so they will stop dededucting when they receive a total of $200. I'm i right?
For those who send in MO's do you right a note that the MO is for resitution fee? Can you send in the whole $200 to go toward the resitution fee?
PT ROSE 08-15-2005, 04:30 PM They did not take any money from my son while he was in reception. I sent money orders, he received the whole amount. I think it starts when they mainline.
c's baby 08-15-2005, 06:01 PM Yes, they will kindly except a payment in full. Yes, you have to specify that the money is for restitution (or a partial). Before you think about transfering parole, the restitution has to be paid. Don't wait 'til the last minute. Like 6 months to the gate or further out have his paper work into him ready for the transfer, i.e. pd restitution, place of residence, job. Remember they don't want to send someone w/ baggage to another county. Kind of a pact between the counties. At least that is how it was explained to me.
I think there is an admin fee of sort like $3.00 or so, every time you send in money.
funnyface09 08-15-2005, 10:43 PM I have some new info on restitution.
If they are told they have restitution of 200.00 for each Felony, it has to be court ordered. If it was not court ordered, CDC CANNOT make them pay it.
From what i was told, CDC has been charging inmates a 200.00 restitution for Felonies that were NOT ordered to be payed by the courts during sentencing, etc. They are CDC induced charges. They cannot legally do that.
Have your inmate ask for a printout of all restitution charges. Have him ask for a copy of his court order along with it. If there is NO court order, tell him to send in a 602 regarding the charges and then try to get in to see his counselor to get it cleared up. They cannot tack on anymore restitution with the exception of the gate money they are now making us pay for up front, than what the court ordered paid. All inmates should have a copy of their original paperwork anyway. If they don't, have them request it over and over again until they recieve it. Those papers will tell them what the court ordered paid and how much.
For the member whose inmate is trying for intrastate or county transfer, ask to see the COURT ORDER before you pay anymore to them!
Actually, you can go down to the courthouse and get a copy of the transcripts yourself. Then you can be sure if they are correct or not.
Good luck
sherrie
cg's_angel 08-16-2005, 01:23 AM PT ROSE: where was/ is your son for reception? When you sent MO did he get it quickly and he was able to get the full amount? know my honey will be in reception for a couple months.
Tony'sBabe 08-16-2005, 06:30 PM In Wasco they do not take restitution during R.C. It took us about 5-7 days for him to get it.
Calif Dreamer 08-16-2005, 09:59 PM They do not take out restitution at Delano RC either. It took 7-10 days to receive and credit.
PT ROSE 08-17-2005, 12:18 AM PT ROSE: where was/ is your son for reception? When you sent MO did he get it quickly and he was able to get the full amount? know my honey will be in reception for a couple months.
He was in NKSP in Delano for Reception.. They took it out of my letter and applied it to his books. $200, The full amount. I don't remember how long it took for him to be able to spend it.. That is why I gave him most of his money while in county because they can't take it..
luvhimalways 08-18-2005, 02:12 PM Hi all, Just some info to maybe fill you guys in on Restitution and transfers. My ex husband was arrested back in 2000 adn I then moved to Washington State. He had numerous past felonies and so his was over $1300. While I was sending him money for commisary we actually brought it down to a little over $700. About 1 year before he paroled I had to pay off all restitution owed in order to get him an out of state transfer. We waited awhile to see how much was actually owed and then I just paid it off. CA will not allow a convict to transfer his parole if he owes any restitution. I havent heard anything about the money being debited for his gate money. I do know that if he owes no restitution he should have but a nominal amount taken out for what is called the Inmate Welfare Fund to help indigent inmates. I dont know if all that helped but if you have any further questions that didnt get answered here just PM me and I will respons as soon as possible.:thumbsup:
dagnabig 08-30-2005, 11:53 PM Well now I am officially confused.
$200.00 for state fees.
Is this a one time thing or an annual thing?
Once the $200.00 is paid, if they get tranfered does the $200.00 start all over again?
Is this per charge for for the whole kit-n-kaboodle?
funnyface09 08-31-2005, 06:33 PM Not sure what you are asking, but any restitution is a one time thing. It is for your crime/conviction/or any victim restitution and is court ordered at the time of sentencing. It is not transferred to another state, since you have already been convicted, ordered and paid it in full (pd since you can't transfer still owing).
Gate money is a one time fee also.
You cannot be charged over and over again for the same thing. Once it is paid, it is paid not owed any longer.
Ruth2356 09-12-2005, 06:56 PM :) My son told me he can moneyorder in reception and they don't take any. He got to reception with $360.00 on the books. they told him that he can't use it till he mainline. I sent him a fifty dollor moneyorder, he got it. But he said that he could only get moneyorder up to $45.00 at reception.That they don't take any out of it.Do you know if you sent m/o only to P.O.
Box 20 he'll get quicker.:D( Hes at DVI Tracy CA.
where do you have to pay your own "gate money?" Everyone is given gate money on leaving state prison. It's based on 15 cents a day up to a max of $200. It dates back to when that was an ok amount. It was supposed to keep you from leaving prison penniless and commiting crimes to survive. It was supposed to be enough to rent a room and eat until you could find a job!!! $200, you must be kidding. I went to work furlough, so was given 1/2 when I got there to buy things I needed, like bus pass, job hunting expenses. Then received the balance on the day I paroled in the form of a check. My brother was just released from prison and received his in cash at the gate. He didn't have restitution, so all the money sent to him while he was inside was spent at canteen.
crzyrussell 12-12-2005, 11:49 AM Seems like a good idea, having some money when you get out.
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