Introduction

The term “restitution” generally refers to the restoration of the harm caused by the defendant, most commonly in the form of payment for damages. It can also refer to the return or repair of property stolen or damaged during the crime.

Courts have the authority to order restitution by convicted offenders as part of their sentences. In approximately one-third of states, courts are required to order restitution to victims in cases involving certain types of crimes, typically violent felony offenses. In many other states, if the court fails to order restitution or orders restitution for only part of the victim’s losses, the court must state its reasons for doing so on the record. Payment of restitution is often a condition of probation or parole as well.

Not only can courts order restitution to the direct victim of a crime, but they can often order restitution to the state victim compensation board if that board paid some of the victim’s expenses or to a victim service agency that provided assistance to the victim.

Losses Covered

Restitution can cover any out-of-pocket losses directly relating to the crime. Those may include—

  • Medical expenses,
  • Therapy costs,
  • Prescription charges,
  • Counseling costs,
  • Lost wages,
  • Expenses related to participating in the criminal justice process (such as travel costs and childcare expenses),
  • Lost or damaged property,
  • Insurance deductibles, and
  • Other expenses that resulted directly from the crime.

Restitution will not cover such things as pain and suffering or emotional distress but may cover reasonably expected future losses, such as ongoing medical or counseling expenses.

When calculating the restitution owed, a court will examine the victim’s losses. The court may also consider the defendant’s financial resources or other financial obligations in setting the total amount of restitution owed or when formulating a payment plan for the defendant.

Collecting Restitution

Courts may order that restitution be paid immediately or set a payment plan. Often, the court clerk is designated to receive payments, but where restitution is a condition of probation or parole, the probation or parole office may be responsible for collection. Because a defendant may be ordered to pay various fines and fees, as well as restitution to one or more victims, a jurisdiction may prioritize payments. For example, the law may state that each payment received from a defendant must be split among all the obligations or that the restitution must be paid first, followed by fines and fees.

Many jurisdictions provide that restitution orders become civil judgments. This expands the ability of victims to collect restitution and means that the orders can remain in effect for many years, typically 10 to 20 years. Civil judgments can be renewed in many jurisdictions to stay in effect even longer. Depending on the jurisdiction, the civil judgment may be enforceable immediately, when the offender defaults on payment, or after the criminal justice process is complete and the offender is released from probation, prison, or parole. In some states, authorities are entitled to seize offenders’ financial assets and property through garnishment and attachment to satisfy restitution orders. This authority may be granted immediately or only after the defendant fails to pay as ordered. When payment of restitution is a condition of probation or parole, probation or parole may be revoked if the defendant willfully fails to pay. In those states with prison work programs, restitution payments are typically collected out of the wages of those programs. Some states collect restitution from state income tax refunds, prisoner accounts, lottery winnings, or damage awards from lawsuits against the prison. Offender Profits From Crime

Many jurisdictions have laws prohibiting convicted offenders from profiting from their crimes. These are often called “notoriety-for-profit” laws. Under these laws, the offender is typically required to notify a state agency when they enter into a contract related to the crime. The state agency then freezes or holds the profit and notifies the victim. The victim has a certain amount of time to bring a civil suit against the offender.