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  Victims' Restitution 

( A complete guide to California's restitution process is HERE.)

The court must generally order payment of restitution to the victim when the crime for which the defendant was convicted results in economic loss to the victim. (Penal Code §1202.4; Welfare & Institutions Code §730.6). In many cases even a defendant who accepts a plea bargain to lesser charges will be required to pay restitution for economic harm he or she caused the victim.

Mandatory restitution to a victim applies when all of the following conditions are present: 

A claim by a victim

Who suffered economic loss

As a result of the commission of a crime

To which the defendant was convicted

When some of these conditions are not met, the court may still have discretion to order victim restitution. A victim has a better chance of collecting restitution when the judge signs an Order For Restitution and Abstract of Judgment.

 For more information about restitution, follow the Restitution Guide link above.

Who is a victim?

Restitution awards under Penal Code §1204.4 are generally limited to direct victims, i.e., persons against whom the crime was committed. Direct victims may include individuals or private or public entities. An insurance company that has paid the crime losses of its insured under the terms of an insurance policy is not a direct victim and has no right to restitution. However, there are other persons entitled to restitution under Penal Code §1202.4):

The surviving family of the actual victim

Parents and guardians of a victim who is a minor

What is economic loss?

Economic loss is an extremely broad category under the penal code and includes:

Property Damage or Loss

Medical Expenses or Future Medical Expenses

Lost Wages and Profits

Out-of-Pocket Expenses

Actual and reasonable Attorney Fees

Interest at 10% per year from the date of sentencing or loss

Unlike a restitution fine, a defendant's ability to pay has no bearing on making a victim's restitution order.

Restitution Fines

Both adult and juvenile offenders are subject to the imposition of restitution fines. These fines are a major source of financing for the State Restitution Fund, which is administered by the California Victim Compensation and Government Claims Board under what has long been known as the California Victims of Crime Act (CA Government Code  §§13959-13969.4).

The chart below describes the amount of the fine that may be imposed, the factors for determining the amount, whether waiver of the fine or community service in lieu of the fine are an option and the effects that probation or parole may have on the fine. 

The California Department of Corrections and Rehabilitation (CDCR) Adult and Youth may deduct restitution fines from prisoners' and parolees' wages and trust accounts. These monies then go into the Victims' fund at the California Victim Compensation and Government Claims Board.

Restitution Fee in Diversion Matters

In diversion and deferred entry of judgment cases, the counterpart to the restitution fine is the restitution fee required by Penal Code §1001.90. Imposition of this fee is mandatory, subject to some exceptions.

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