What Is a Restitution Order?

The California Constitution, Article 1 Section 28 (Marsy’s Law) confers certain rights to victims of crime. Additionally, the California Penal Code Section 1202.4 states in part, “In every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant makes restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court.”

How Is the Amount of Restitution Determined?

Step‑by‑step process:

1. Upon our receipt of an order of the court directing the probationer to pay restitution as determined by Probation, we will initiate an investigation.
2. If you, as an individual, business or government entity, are determined to be a possible victim in a crime, you will receive a “Post-Dispositional” letter from the Probation Department. This is the form that will allow you to submit a claim for restitution against the convicted offender.
3. Upon receipt of your claim, the Collection Officer will review the claim for allowable and actual losses. You will receive either written notification of the determined amount of restitution or a written request for additional documentation in order to support and verify your claim. Note: Both the victim and the defendant are entitled to contest the amount of restitution determined; therefore, full documentation of your loss is required in the event of a court hearing.
4. The Department will set restitution for all verified losses.

What Losses May Be Paid?

Restitution may be considered for:

• Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
  Medical expenses.
• Wages or profits lost due to injury incurred by the victim, and if the victim is a youth, wages or profits lost by the youth’s parents or guardians while caring for the injured youth or assisting the police or prosecution.
• Other related costs

When Do Victims Receive Restitution?

The Probation Department must by law disburse funds to victims within the following time frames:

• Payments received by check, credit card, cashier’s check or other money orders are disbursed to the victims within 45 days of the date received.
• Payments under $50 may be held for up to 180 days.

How Do Victims Receive Their Restitution?

• The Probation Department will enforce the restitution order on your behalf and pursue collections during the term of probation.
• The person convicted of the crime will pay restitution directly to the Probation Department.
• Victims receive checks in the mail from the Orange County Auditor-Controller. When two or more victims are involved in the same Restitution Order, or the defendant is responsible for multiple Restitution Orders, the disbursement will be prorated among all victims.
• The Probation Department will make every reasonable effort to collect any restitution due, in compliance with the Court’s order but this does not guarantee payment.
• Unfortunately, the ability of some probationers to repay restitution sometimes falls short of the amount of restitution owed.
• Our authority to collect restitution on your behalf ceases when the order of probation terminates or expires.
• Victims are entitled to collect restitution concurrently with the Probation Department, and/or after probation supervision terminates as the Restitution Order does not expire or terminate until it has been paid in full.
• Contact the Court Clerk where the probationer was sentenced to request a CERTIFIED COPY of the restitution order. Please provide the Court Clerk with the probationer’s name and the court docket number, which is available from the Collection Officer.
• The Probation Department cannot dispense legal advice. You may wish to consult an attorney regarding your rights and alternatives to collecting restitution.
• You will receive written notification when Probation supervision is terminated or interrupted.
• If the probationer is sentenced to state prison, the California Department of Corrections (CDCR) may be able to assist you in collecting restitution still owed you. The CDCR will require a completed application for assistance including a copy of your Restitution Order. The Probation Department will provide you with an application and any information that you require in order to complete the application as allowed by law.