California Sunshine
11-10-2004, 12:11 AM
What is Restitution?
Restitution is part of your sentence and it is ordered by the court.
It is read out loud in court along with your terms of confinement.
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.”
The purpose of restitution is to help victims recover from any financial hardship caused due to your criminal activity. Restitution may cover medical bills, funeral expenses, and the cost of repairing damaged property.
Types of Restitution
Judges are required by state law to order restitution in every criminal case. Your current ability to pay is NOT a consideration of the court.
A) There are two types of restitution: Restitution Fines and Direct Orders. Both types of restitution can be ordered in a single case.
Restitution Fines
Restitution fines usually range from $200 to $10,000. The Judge decides what you will pay.
Penal Code §1202.4 addresses restitution fines and §1202.45 indicates that an additional fine for the same amount may be imposed if you violate parole. Court documents often "stay" the parole fine until you violate; however, the original fine is due right away. To stay means only until a violation occurs. For example, you may have a $200 fine and IF you violate you would owe $400.
Direct Orders
Direct Orders are specifically for victim losses because of the crime(s) committed against them. It is possible for many victims to receive Direct Orders on a case. Direct Orders can be for any dollar amount. The Judge decides what you will pay.
The court will determine how much the victim(s) can receive based on the amount of their loss. The California Department of Corrections (CDC) collects the money and the Victims Compensation Fund assures that the victim receives it.
A Direct Order is considered a money judgment (civil) and may be collected as such (wage garnishments, liens, etc.) after a person is released from prison.
Payment Options
The CDC garnishes 30 percent of deposits to inmate trust accounts to pay restitution ordered by the court. The CDC can also take 30 percent of earned prison wages to collect court ordered restitution. Direct orders are collected first, then restitution fines are collected. It is your responsibility to keep track of how much money has been taken from you while at different institutions. If you make payments somewhere other than the institution, receipts as proof of payment must be provided.
Restitution does not stop when you parole.
B) If you parole or discharge and then receive a new prison term or parole violation, CDC will continue to collect all unpaid restitution.
Parolees need to determine a way to pay their outstanding restitution balance. If not paid voluntarily, it will eventually be collected--possibly through a tax intercept.
Restitution has no statute of limitations. This means that there is no time limit for collection. It is an outstanding debt even after an offender is discharged from CDC's jurisdiction.
An offender wishing to fulfill their parole term in another state (usually because of a job or family support) may not leave California until ALL restitution has been paid in full.
Under Federal statutes, (11USC §523(a)(7) restitution is NOT discharged under bankruptcy.
If you plan to parole in another state, either you or your parole agent must contact the Office of Victim Services & Restitution to request an accurate balance. Your Trust Office printout is NOT used for this purpose. All payments should be made with a money order or cashier's check while on parole and sent to:
Department of Corrections
P.O. Box 1046
Folsom, CA 95763-1046
Your name and CDC number must be included to accurately credit your balance. A receipt for all money received is faxed to your agent. A zero balance must be reached before transfer papers can be submitted to the Interstate Unit.
Restitution is part of your sentence and it is ordered by the court.
It is read out loud in court along with your terms of confinement.
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.”
The purpose of restitution is to help victims recover from any financial hardship caused due to your criminal activity. Restitution may cover medical bills, funeral expenses, and the cost of repairing damaged property.
Types of Restitution
Judges are required by state law to order restitution in every criminal case. Your current ability to pay is NOT a consideration of the court.
A) There are two types of restitution: Restitution Fines and Direct Orders. Both types of restitution can be ordered in a single case.
Restitution Fines
Restitution fines usually range from $200 to $10,000. The Judge decides what you will pay.
Penal Code §1202.4 addresses restitution fines and §1202.45 indicates that an additional fine for the same amount may be imposed if you violate parole. Court documents often "stay" the parole fine until you violate; however, the original fine is due right away. To stay means only until a violation occurs. For example, you may have a $200 fine and IF you violate you would owe $400.
Direct Orders
Direct Orders are specifically for victim losses because of the crime(s) committed against them. It is possible for many victims to receive Direct Orders on a case. Direct Orders can be for any dollar amount. The Judge decides what you will pay.
The court will determine how much the victim(s) can receive based on the amount of their loss. The California Department of Corrections (CDC) collects the money and the Victims Compensation Fund assures that the victim receives it.
A Direct Order is considered a money judgment (civil) and may be collected as such (wage garnishments, liens, etc.) after a person is released from prison.
Payment Options
The CDC garnishes 30 percent of deposits to inmate trust accounts to pay restitution ordered by the court. The CDC can also take 30 percent of earned prison wages to collect court ordered restitution. Direct orders are collected first, then restitution fines are collected. It is your responsibility to keep track of how much money has been taken from you while at different institutions. If you make payments somewhere other than the institution, receipts as proof of payment must be provided.
Restitution does not stop when you parole.
B) If you parole or discharge and then receive a new prison term or parole violation, CDC will continue to collect all unpaid restitution.
Parolees need to determine a way to pay their outstanding restitution balance. If not paid voluntarily, it will eventually be collected--possibly through a tax intercept.
Restitution has no statute of limitations. This means that there is no time limit for collection. It is an outstanding debt even after an offender is discharged from CDC's jurisdiction.
An offender wishing to fulfill their parole term in another state (usually because of a job or family support) may not leave California until ALL restitution has been paid in full.
Under Federal statutes, (11USC §523(a)(7) restitution is NOT discharged under bankruptcy.
If you plan to parole in another state, either you or your parole agent must contact the Office of Victim Services & Restitution to request an accurate balance. Your Trust Office printout is NOT used for this purpose. All payments should be made with a money order or cashier's check while on parole and sent to:
Department of Corrections
P.O. Box 1046
Folsom, CA 95763-1046
Your name and CDC number must be included to accurately credit your balance. A receipt for all money received is faxed to your agent. A zero balance must be reached before transfer papers can be submitted to the Interstate Unit.