WHAT IS A RESTITUTION ORDER AND HOW DO I GET ONE?
Every crime victim in the State of California who suffers a loss as a result of the criminal activity of a defendant is entitled to a restitution order. This is an order by the court granting the victim a money judgment against the defendant for the victim’s losses. These losses can include, but are not limited to, the following:
Family members of victims can also qualify as derivative victims if they meet certain requirements.
These orders can be issued against adults and juveniles and are non-dischargeable in bankruptcy court. Whether your losses were paid by insurance or not, you are still entitled to a restitution order for the full amount of your losses, not just uninsured losses.
If you were a victim of a crime and had losses, you should provide that information to the court. This can be accomplished either through the DA handling your case or the probation department or direct contact with the court. You should be receiving a victim loss statement letter. Please follow those directions carefully when you fill out the form. If you don’t receive one, and you have losses, you should contact the DA’s office.
This page is meant as a short summary only and is by no means the full picture of restitution. For more information contact the DA’s office at (408) 299-7500 or the Victim Witness Assistance Center at (408) 295-2656.
WHAT IS THE RESTITUTION FUND AND HOW CAN IT HELP ME?
The restitution fund was established to provide victims with a source of funding to help with their losses. The fund is a payer of last resort, which means it only pays for losses not covered by your insurance. The fund also does not cover property loss.
You can make application for this benefit either online at www.boc.cahwnet.gov or through the local Victim Witness Assistance Center at 777 N. First St., San Jose. The agency that administers the fund is the California Victim Compensation and Government Claims Board, formerly known as the State Board of Control. The fund can pay a maximum of $70,000.00 for any one claim.
NOW THAT I HAVE A RESTITUTION ORDER, HOW DO I GET MY MONEY?
This is a very complex area of the law and you may need a lawyer in some cases to figure out how to get to the assets of the defendant.
If the defendant was sentenced to prison you need to fill out the CDC restitution form . But in order to actually collect any money you need to make sure the court ordered an exact amount in your name. CDC is authorized is collect 20% to 50% of the prisoner’s trust account money and it will be sent directly to you as the victim.
If the defendant was sentenced to formal probation and a restitution order was issued, an account will be set up with the Department of Revenue (DOR) to collect your order. It will take a few months to establish the account and for some money to come in and then be sent to you. You can call DOR at (408) 299-4723 or the probation officer assigned to the case at (408) 435-2000, to check on the progress of the defendant’s payments. If the probationer does not pay for an extended period of time, usually 3 to 6 months, he or she can be violated and their probation revoked. In order for this to happen, it must be shown to the court that a willful failure to pay occurred. If you find out that a probationer was revoked for another reason and they were sent to prison, you need to fill out the CDC restitution form and send it to CDC. It is not automatic that this will be done for you.
If the defendant was sentenced to court probation, summary probation, or informal probation then DOR may or may not collect for you. You will have to call them at (408) 299-4723 and see if they will collect . The same is true for defendants who are sentenced to jail time but no probation.
At any time in this process, whether the defendant is on or off probation or in or out of prison, you as the victim have a right to collect on your restitution order. In order to collect on your order, you will need to know what assets the defendant has and where they are located. Wages from a job, funds from a bank account, or equity in real estate are some of the most common assets. The collection process can be involved and you may need legal help.
Nolo Press has an excellent self-help book on collection process used for a restitution order (judgment). A description of this book can be obtained from www.nolo.com.
If you need additional help, please e-mail our restitution specialist Steve Dippert, Senior Paralegal at sdippert@da.co.scl.ca.us, or call (408) 792-2548.
The agencies listed below offer various services to crime victims in the County of Santa Clara. The types of services offered range from counseling and financial assistance to notification of an inmate''s release. See the description of services below each agency.
In addition to listings for Santa Clara County, there are also listings for state agencies located in Sacramento.
BOARD OF PRISON TERMS
(916) 327-5933-- Main number
(916) 445-4072-- Victim Information
428 J Street, 6th Floor
Sacramento, CA 95814
A victim should contact the above number if he/she wants to attend an inmate''s parole hearing where the inmate is serving a life or indeterminate sentence.
CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD
Victims of Crime Program
(800) 777-9229
P.O. Box 3036
Sacramento, CA 95812-3036
This organization administers the California''s Crime Victim Compensation Program. Qualified victims can be compensated for medical/dental losses, counseling, lost wages, financial support, funeral/burial costs and job retraining.
CALIFORNIA YOUTH AUTHORITY
Main number
(916) 262-1473
Office of Prevention & Victim Services
(916) 262-1534 or
(888) He Got CYA
4241 Williamsbourgh Drive
Sacramento, CA 95823
CYA houses juveniles convicted of crimes. Victims interested in restitution, notification of an inmate''s release, etc. should contact the Victim Services number.
CORRECTION, DEPARTMENT OF (COUNTY)
Victim notification toll-free number
(800) 464-3568
By calling the above number, a victim can register to be notified by telephone when an inmate is released. The victim needs a police report number, PFN, CEN or the name given by the inmate when booked. The victim has to provide a personal identification number (PIN) of his/her choosing. A victim is notified 15 days prior to an inmate''s release and the day of release. On the day of release, the VINE system calls the victim every 30-minutes until a person or machine answers the phone.
The VINE Program (Victim Information and Notification Everyday) has supported domestic violence victims in Santa Clara County since 1996. Offered through the Department of Correction, this free, automated telephone hotline provides offender custody status information 24 hours a day, and notifies registered individuals when their attacker is released or transferred.
"Our role is to protect the community as much as possible,’’ said Timothy P. Ryan, Chief of Correction. "One of the clear directions from the Board of Supervisors is to make sure that not only is the community safe, but that the individual is safe.
"We want any potential victim to have an opportunity to protect themselves or others from a perceived, or real, threat,’’ Ryan said.
Crime victims need only call a toll-free number, register via a personal identification number, and notification will be automatic.
VINE is a free public service offered by the Department of Correction. To register, call 1-800-464-3568.
Victims can request to be notified by mail instead of by telephone. A letter is generated 15 days prior to inmate''s release. Calls are not made the day of release. However, sometimes inmates are released sooner than expected and the jail may not have 15 days to notify victims.
Anyone can find out information on an inmate''s charges, bail, next court appearance, housing and visitation.
Public numbers:
(408) 976-5245-- 3 minute call for $1.50 or
(408) 299-2306-- free
CORRECTIONS, DEPARTMENT OF (STATE)
Victim Services Program
(916) 358-2436
P.O. Box 942883
Sacramento, CA 94283-0001
Victims should contact the above number for information about an inmate''s release, escape, death or placement into a reentry facility. Victims also can have input on an inmate''s conditions of parole.
LEGAL ADVOCATES FOR CHILDREN AND YOUTH (LACY)
111 West Saint John, #315
San Jose, CA 95113
(408) 293-4790, x416
LACY provides legal advice and assistance to children. They can help with guardianship and emancipation issues.
SAFE STATE
The California Attorney General's Crime and Violence Prevention Center
SANTA CLARA COUNTY VICTIM WITNESS ASSISTANCE CENTER
(408) 295-2656
777 North First Street, Suite 500
San Jose, CA 95112
Crime victims may experience problems and disruptions that require special attention and support. The Victim Witness Assistance Center was created to assure that every possible benefit, service and courtesy is made available to crime victims and witnesses.
The Intake Unit consists of advocates who have direct contact with victims and assist them in crisis counseling, referral to local resources, and guidance in the court process, which includes emergency transportation and case progress and disposition reports. The Intake Unit also assists in completing the State''s compensation application for covered losses resulting from a crime.
The Claim Verification Unit has specially trained staff that are certified by the State Board of Control to review a victim''s application and determine eligibility for monetary losses. Losses which may be covered are:
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Mental Health Counseling
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Medical/Dental
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Wage/Income
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Financial Support
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Job Retraining
VICTIMS OF CRIME RESOURCE CENTERMcGeorge School of Law
(800) VICTIM
3200 5th Avenue
Sacramento, CA 95817
This center provides victims with information regarding their rights and services offered. It can help qualified victims obtain restitution, counseling, etc.
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