Victim Restitution in California Criminal Cases

Whether you're a victim of a crime or a defendant who has been convicted of a crime, if you're looking for information about California's victim restitution laws, you've come to the right place.

We're a statewide law firm that both defends people accused of crimes, and advocates for victims of crimes.

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This photograph was originally taken by Flickr user Jeff Moss and the original photo can be found here.

If you are the victim of a crime, you are entitled to restitution to compensate you for economic losses associated with the crime.  Our California Crime Victim Advocate Attorneys can help you calculate the total amount of your loss and speak up for you in court at the restitution hearing.

In this article, our California criminal defense attorneys1 explain the ins and outs of California victim restitution law by addressing the following:

1. What is Victim Restitution & Compensation?

1.1. Restitution orders vs. restitution fines

1.2. How much victim restitution will the court order a defendant to pay?

2. Restitution Hearings
3. Paying Victim Restitution

3.1. What if the defendant doesn't make
his/her payments?

3.2. How can a victim collect unpaid restitution?

3.3. What happens if the defendant's probation expires and all victim restitution payments have not been paid?

4. Special circumstances

4.1. Victims of violent crimes

4.2. Regarding juvenile defendants

4.3. Spousal crimes

5. The Difference between Criminal Victim Restitution and a Civil Lawsuit

5.1. Civil compromise

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

In addition, you may also find helpful information in our related articles on Probation Violation Hearings; Penal Code 118 PC California's Perjury Law; California Expungement Law; Penal Code 368 Elder Abuse; Penal Code 243(e)(1) PC Spousal Battery; Penal Code 262 PC Spousal Rape; and Penal Code 273.5 PC Corporal Injury on a Spouse.

1. What is Victim Restitution & Compensation?

Victim restitution (compensation) refers to a victim's right to recover any economic losses that he/she incurred as the result of another person's criminal wrongdoing.  "Victims" may include

  • the person who suffered a direct or threatened physical, psychological, or financial harm,
  • the family of the individual who suffered a loss, or even
  • a business, government or other entity who has suffered a loss due to another person's criminal acts.2

"Losses" include (but are not limited to):

  • stolen, damaged or destroyed property,
  • medical and/or therapy bills,
  • lost wages if the victim was unable to work due to the crime (which includes court and travel time),
  • damage to a business or its property, and
  • any reasonable attorneys' fees that were incurred by trying to collect the ordered restitution.3
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1.1. Restitution orders vs. restitution fines

Victim restitution (sometimes referred to as a restitution order) is different from general restitution (which is also referred to as a restitution fine).

As West Covina criminal defense attorney John Murray4 explains, "Victim compensation is money that the defendant pays directly to the victim for his/her wrongdoing.  A restitution fine is money that a criminal defendant pays in every case to the state's Restitution Fund which helps support the California Victims Compensation Fund.  This amount varies depending on whether the defendant was convicted of a misdemeanor or a felony and ranges from $100 to $10,000."5

The Victims Compensation Fund is a program that provides compensation to victims of violent crimes.  If a person meets the eligibility criteria, the program will compensate many types of services when the costs are not covered by other sources, such as

  • funeral expenses,
  • relocation, and
  • rehabilitation.

1.2. How much victim restitution will the court order a defendant to pay?

California law provides that victims of crime are entitled to recover the full amount for any reasonable losses or expenses.6 The prosecutor is not even allowed to reduce this amount during a plea bargain, because he/she has no right to waive any claims on the victim's behalf.7

As a side note, there may be times where the defendant enters into a plea bargain with the prosecutor whereby a charge that is related to the victim's loss gets dismissed.  When this happens, the court can still order the defendant to pay victim restitution as long as the prosecutor first obtains what is known as a Harvey Waiver from the defendant.  Once signed, a Harvey Waiver entitles the victim to restitution on any dismissed count connected with the case.8

The victim is entitled to collect full restitution from the defendant even if the victim is separately reimbursed by an insurance payment.9 However, if it is the defendant's insurance company that pays the victim, the defendant is entitled to have the insurance payment deducted from his/her remaining victim restitution obligation.10

If the full amount isn't known at the time of the defendant's sentencing...which is when restitution must be requested and ordered as a condition of probation...the judge can include a provision that victim compensation will be ordered based on an amount "to be determined".

The amount will then be determined during a restitution hearing.11 And regardless of whether the exact amounts of victim restitution amount is set at sentencing or later at a restitution hearing, if the victim discovers additional losses after the restitution order is made, it can be amended as appropriate.12

2. The Restitution Hearing

If...at the time of sentencing...either

  1. the victim doesn't know the exact amount of his/her losses, or
  2. the defendant wishes to contest the requested amount,

the case will proceed to a restitution hearing.

The victim has the burden of proving that the defendant's criminal conduct substantially caused the victim's losses.  The defendant's conduct doesn't have to be the only factor that contributed to the loss, as long as the conduct was at least a substantial factor.13

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This photograph was originally taken by Flickr user Subconsci Productions and the original photo can be found here.

Victims have a right to restitution for losses that result from someone else's criminal activity.  Losses include medical and therapy bills, as well as the cost to replace stolen, damaged or destroyed property, lost wages, damage to a business or its property, and any reasonable attorneys' fees that were incurred by trying to collect the ordered restitution.

The victim must prove that the amount of compensation he/she is requesting is proper. The standard of proof is "a preponderance of the evidence"...a legal concept which means "more likely than not".14 Evidence such as

  • bills,
  • business records,
  • medical expenses, and
  • profits lost

are all admissible at the hearing.15 If the victim doesn't have this type of documentary evidence, he/she can simply explain what he/she believes were his/her losses.  If the defendant disputes this amount, it is he/she who then has the burden of proving that the requested amount is inappropriate, perhaps by obtaining his/her own estimates.16 The defendant always has the right to challenge the amount ordered.17

3. Paying victim restitution

After determining how much victim restitution or compensation a defendant will be required to pay, that payment becomes a part of the defendant's probation sentence.  Depending on the circumstances, the judge will either

  • require the defendant to pay the victim the full amount in one payment, or
  • set up a payment plan for the defendant to make installment payments (a much more common approach).

If the victim is uncomfortable having the defendant make payments directly to him/her, the victim may request that payments be made to the local probation department which will then forward payments to the victim.18 When this is the case, the defendant may have to pay an administrative fee of up to 10% of the restitution amount.19

3.1. What if the defendant doesn't make his/her payments?

If the defendant fails to make timely payments, the victim may contact the prosecuting attorney so that he/she can schedule a probation violation hearing.  A willful failure to pay can result in a probation violation, incarceration or other additional penalties.  Failure to pay solely because of a financial inability to do so cannot be penalized.20

When a defendant claims that he is unable to pay, the court may order him/her to obtain a job (in order to pay restitution) as a condition of probation.21

And if the defendant was convicted of sexual assault on a minor or of assault or battery on a person 65 years or older...which is also a violation of Penal Code 368 PC California's elder abuse law...the judge must order him/her to seek and maintain legitimate employment to pay the cost of the victim's medical and/or psychological treatment.22

3.2. How can a victim collect unpaid restitution?

Once a victim is awarded restitution, the order is collectible as if it were a civil judgment.  This means that the victim will have all the resources available under California law to collect his/her payment.  These resources include (but are not limited to):

  • access to the defendant's financial records and assets via a "defendant's statement of assets" which the defendant must sign under penalty of perjury (subjecting him/herself to California Penal Code 118 PC perjury charges if he/she omits or falsifies information),23
  • the ability to garnish wages (if the defendant is employed), and
  • the ability to place a lien on any property.24

This means that if a victim utilizes these methods, a defendant's employer may garnish his/her wages (that is, deduct a specific amount each pay period), and a defendant's bank may freeze his/her accounts.  And even if the defendant is incarcerated following his/her restitution order, California law still allows the state to collect victim compensation through an inmate's trust account.25

3.3. What happens if the defendant's probation expires and all victim restitution payments have not been paid?

If, by the end of the defendant's probation term the defendant has not paid all of his/her victim restitution, the court will convert the remaining amount into a civil judgment.26

When it appears that this will be the case...that is, that the defendant will have an unpaid balance at the conclusion of probation...the defendant must prepare and file an updated financial disclosure which must be turned over to the victim upon request.27

In addition, California criminal records expungement law prohibits a defendant who has a remaining unpaid balance of victim restitution after he/she serves his/her probation sentence from obtaining an expungement of that conviction, unless and until he/she pays that remaining balance.28

4. Special Circumstances
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This photograph was originally taken by Flickr user fakelvis and the original photo can be found here.

Crime impacts victims in so many ways.  Wondering how you can recoup your loses is just one of many worries victims experience in the aftermath of a crime.  Our California Crime Victim Advocate Attorneys can help educate you about your rights and help get you back on your feet again.

There are a few California victim restitution laws that are specific to individual circumstances.  These include (but are not necessarily related to):

4.1. Victims of violent crimes

Victims of violent crime may apply directly to the state's Victims Compensation Program.  When they do, the defendant will be required to pay his/her victim restitution to that program instead of to the victim for the full amount that the judge ordered the defendant to pay.29

4.2. Regarding juvenile defendants

If a minor (that is, a person under 18) is ordered to pay restitution, his/her parents may be liable for making those payments.  The judge will take into consideration a variety of factors when determining parents' ability (or inability) to pay including (but not limited to):

  • the number of additional dependants the parents have,
  • other specific financial obligations (such as mortgage payments, health insurance, food and clothing expenses, etc.), and
  • the parents' future earning capacity.30

4.3. Spousal crimes

And if a defendant has been convicted of victimizing his spouse under

he is not allowed to use community property to pay the restitution order until and unless all of his separate property has been exhausted.31

"Community property" is any money (including income) or property that one acquires during a marriage other than by inheritance or gift.  "Separate property" is therefore any inheritance, gift acquired at any time, or money or other property that one acquires prior to marriage or after separation.

5. The Difference between Criminal Victim Restitution and a Civil Lawsuit

There are three major differences between (a) victim restitution in a California criminal case and (b) a civil lawsuit.  They are as follows:

  1. Criminal victim restitution is...at least in theory...a quicker process than filing a civil lawsuit.  Criminal victim restitution is typically ordered at the time of...or very close to... a defendant's sentence.  Many California civil lawsuits take years to resolve.
  2. In a criminal prosecution, the victim submits his/her receipts, bills, etc. to the prosecution who then presents the figures to the defense and court.  In a civil suit, the defendant's lawyer requires the victim to participate in a deposition which could last for hours or even days.  A deposition is analogous to a cross-examination by the defense attorney.  And,
  3. In a civil lawsuit, the victim's attorney will collect a fee, generally between 30-40% of the total recovery.  This is not the case with criminal victim restitution, because the prosecutor...who helps present the victim's expenses...does not collect a fee.  If a victim chooses to hire a private attorney to help collect a criminal restitution order, those fees may be added to the restitution amount.

5.1. Civil compromise

The bottom line is that victim restitution is a fundamental part of the criminal process.  In fact, ensuring that an injured victim receives compensation for his/her losses is so important to the California justice system that if a defendant reimburses a victim prior to a California jury trial, the judge...under certain circumstances...may allow the parties to participate in what is known as a civil compromise.32

If the victim of a misdemeanor offense acknowledges that he/she has received satisfaction for his/her injuries, the court may release the defendant from criminal liability and prevent the prosecution from re-filing charges for the same offense.33

Call us for help...

For questions about California's victim restitution laws, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

To learn about victim restitution in Nevada, go to our article on victim restitution in Nevada.

Online Reference:

California Victim Compensation Program - Provides information about the state's restitution program for both victims and defendants

Legal References:

1Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.  We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

2California Constitution Article 1, Section 28(e). ("(e) As used in this section, a "victim" is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term "victim" also includes the person's spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term "victim" does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim.")

3California Penal Code 1202.4 PC -- Victim restitution fines.  ("(3) To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct, including, but not limited to, all of the following: (A) 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. (B) Medical expenses. (C) Mental health counseling expenses. (D) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor's parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. (E) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor's parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. (F) Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288. (G) Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court. (H) Actual and reasonable attorney's fees and other costs of collection accrued by a private entity on behalf of the victim. (I) Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. (J) Expenses to install or increase residential security incurred related to a crime, as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks. (K) Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime. (L) Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5.")

4West Covina criminal defense lawyer John Murray defends clients accused of crimes throughout the San Gabriel and Pomona Valleys, including Rancho Cucamonga, Alhambra, El Monte and East Los Angeles.

5California Penal Code 1202.4(b)(1) PC -- Restitution fines.  ("(b) In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. (1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than two hundred dollars ($200), and not more than ten thousand dollars ($10,000), if the person is convicted of a felony, and shall not be less than one hundred dollars ($100), and not more than one thousand dollars ($1,000), if the person is convicted of a misdemeanor.")

6California Constitution Article 1, Section 28(b) -- Declaration of rights.  ("(b) In order to preserve and protect a victim's rights to justice and due process, a victim shall be entitled to the following rights...13) To restitution. (A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.    (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.")

7People v. Brown (2007) 147 Cal.App.4th 1213, 1226.  ("Victim restitution may not be bargained away by the People. "The Legislature left no discretion or authority with the trial court or the prosecution to bargain away the victim's constitutional and statutory right to restitution. As such, it cannot properly be the subject of plea negotiations." ( People v. Valdez (1994) 24 Cal.App.4th 1194, 1203, 30 Cal.Rptr.2d 4.) Accordingly, a negotiated plea may not be specifically enforced to the extent it directs the sentencing court to order less than full victim restitution unless the record contains a statement of extraordinary and compelling reasons for the limitation. ")

8California Penal Code 1192.3 -- Plea of guilty or nolo contendere (no contest); plea bargaining or probation; restitution as a condition.  ("(a) A plea of guilty or nolo contendere (no contest) to an accusatory pleading charging a public offense, other than a felony specified in Section 1192.5 or 1192.7, which public offense did not result in damage for which restitution may be ordered, made on the condition that charges be dismissed for one or more public offenses arising from the same or related course of conduct by the defendant which did result in damage for which restitution may be ordered, may specify the payment of restitution by the defendant as a condition of the plea or any probation granted pursuant thereto, so long as the plea is freely and voluntarily made, there is factual basis for the plea, and the plea and all conditions are approved by the court. (b) If restitution is imposed which is attributable to a count dismissed pursuant to a plea bargain, as described in this section, the court shall obtain a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 from the defendant as to the dismissed count.")

9California Penal Code 1202.4(f)(2) PC -- Victim restitution fines.  ("(2) Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of any third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited to the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the Victim Compensation Program pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.")

See also In re Brittany L. (2002) 99 Cal.App.4th 1381, summary.  ("The court held that the juvenile court erred in failing to order restitution in an amount necessary to fully reimburse the victims without regard to their reimbursement from other sources. Like adult criminal courts, juvenile courts, in ordering victim restitution, are not to consider whether the victim has been, or will be, reimbursed from third parties. The court further held that the juvenile court erred in failing to determine the neighbors' economic losses and in refusing to consider the minor's challenge to the claim of losses. The statute makes clear that the sentencing court is required to evaluate the evidence and resolve the issue of the proper amount of restitution that will fully reimburse the victims.")

10People v. Bernal (2002) 101 Cal.App.4th 155, summary.  ("The court held that the trial court erred in determining that defendant's restitution obligation was satisfied when the victim signed the release. The court held that a release by a victim cannot waive the prosecution's right to have a defendant pay restitution ordered as part of the defendant's sentence. Further, the victim would be in an untenable position if he or she had to reject a settlement offer from a defendant's insurance company that covers only a portion of the victim's losses in order to preserve the uncertain possibility that the full amount might be recovered from the defendant. However, the court held that, on remand, the trial court would be required to offset against defendant's restitution obligation the amounts paid to the victim by defendant's insurer.")

11California Penal Code 1202.4(f) PC -- Victim restitution fines.  ("(f) Except as provided in subdivisions (q) and (r), 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 make 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. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. The court may specify that funds confiscated at the time of the defendant's arrest, except for funds confiscated pursuant to Section 11469 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.")

12See same.

13Judicial Council Of California Criminal Jury Instruction 240 - CALCRIM 240.  ("An act causes (injury/ <insert other description>) if the (injury/ <insert other description>) is the direct, natural, and probable consequence of the act and the (injury/ <insert other description>) would not have happened without the act. A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all the circumstances established by the evidence. <Give if multiple potential causes.> [There may be more than one cause of (injury/ <insert other description>). An act causes (injury/ <insert other description>), only if it is a substantial factor in causing the (injury/ <insert other description>). A substantial factor is more than a trivial or remote factor. However, it does not have to be the only factor that causes the (injury/ <insert other description>).]")

14People v. Baumann (1985) 176 Cal.App.3d 67, 80.  ("For each of the foregoing reasons we conclude the standard of reasonable doubt utilized in criminal proceedings for proving a defendant committed the crime charged is not mandated in determining whether restitution should be ordered as a condition of probation or for determining the amount of restitution to be ordered as a condition of probation. We conclude proof by a preponderance of the evidence is the standard in the absence of a statute or decisional law to the contrary.")

15California Penal Code 1203.1d(d) -- Payment of reparation and other costs; financial evaluation; installment payments and other collections; priorities; evidence.  ("(d) Documentary evidence, such as bills, receipts, repair estimates, insurance payment statements, payroll stubs, business records, and similar documents relevant to the value of the stolen or damaged property, medical expenses, and wages and profits lost shall not be excluded as hearsay evidence.")

16People v. Gemelli (2008) 161 Cal.App.4th 1539, 1543.  ("Once the victim makes a prima facie showing of economic losses incurred as a result of the defendant's criminal acts, the burden shifts to the defendant to disprove the amount of losses claimed by the victim. ( People v. Fulton (2003) 109 Cal.App.4th 876, 886, 135 Cal.Rptr.2d 466.) The defendant has the burden of rebutting the victim's statement of losses, and to do so, may submit evidence to prove the amount claimed exceeds the repair or replacement cost of damaged or stolen property.")

17See California Penal Code 1202.4(f)(1).  ("(1) The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. (2) Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of any third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited to the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the Victim Compensation Program pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.")

See also People v. Sandoval (1989) 206 Cal.App.3d 1544, 1550.  ("Defendant's argument, however, that he was denied a meaningful opportunity to contest the amount of restitution has merit. "Whatever the specific procedural safeguards required at a sentencing hearing concerning restitution, fundamental fairness must be assured .... ( People v. Arbuckle (1978) 22 Cal.3d 749, 755 [150 Cal.Rptr. 778, 587 P. 2d 220, 3 A.L.R.4th 1171].)" ( People v. Vega-Hernandez (1986) 179 Cal.App.3d 1084, 1100 [225 Cal.Rptr. 209].) A defendant must be afforded a reasonable opportunity to be heard on the issue of restitution.")

18California Penal Code 1203.1(b) PC -- Probation; suspension of sentence; imprisonment; fines; conditions; modifications.  ("The court shall consider whether the defendant as a condition of probation shall make restitution to the victim or the Restitution Fund. Any restitution payment received by a court or probation department in the form of cash or money order shall be forwarded to the victim within 30 days from the date the payment is received by the department. Any restitution payment received by a court or probation department in the form of a check or draft shall be forwarded to the victim within 45 days from the date the payment is received, provided, that payment need not be forwarded to a victim until 180 days from the date the first payment is received, if the restitution payments for that victim received by the court or probation department total less than fifty dollars ($50). In cases where the court has ordered the defendant to pay restitution to multiple victims and where the administrative cost of disbursing restitution payments to multiple victims involves a significant cost, any restitution payment received by a probation department shall be forwarded to multiple victims when it is cost effective to do so, but in no event shall restitution disbursements be delayed beyond 180 days from the date the payment is received by the probation department.")

19California Penal Code 1202.4(l) PC -- Restitution fines; exception; amounts; hearing; disclosure; extension.  ("(l) At its discretion, the board of supervisors of any county may impose a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered to be paid, to be added to the restitution fine and included in the order of the court, the proceeds of which shall be deposited in the general fund of the county.")

20California Penal Code 1203.2(a) PC -- Rearrest of probationer or person released on conditional sentence or summary probation not under care of probation officer; probable cause; revocation of probation; tolling of probationary period; judgment; notice; commitment to youth authority; revocation of suspended sentence; setting aside revocation of probation.  ("(a) At any time during the probationary period of a person released on probation under the care of a probation officer pursuant to this chapter, or of a person released on conditional sentence or summary probation not under the care of a probation officer, if any probation officer or peace officer has probable cause to believe that the probationer is violating any term or condition of his or her probation or conditional sentence, the officer may, without warrant or other process and at any time until the final disposition of the case, rearrest the person and bring him or her before the court or the court may, in its discretion, issue a warrant for his or her rearrest. Upon such rearrest, or upon the issuance of a warrant for rearrest the court may revoke and terminate such probation if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation officer or otherwise that the person has violated any of the conditions of his or her probation, has become abandoned to improper associates or a vicious life, or has subsequently committed other offenses, regardless whether he or she has been prosecuted for such offenses. However, probation shall not be revoked for failure of a person to make restitution pursuant to Section 1203.04 as a condition of probation unless the court determines that the defendant has willfully failed to pay and has the ability to pay. Restitution shall be consistent with a person's ability to pay. The revocation, summary or otherwise, shall serve to toll the running of the probationary period.")

See also People v. Lawson (1999) 69 Cal.App.4th 29, 38-39.  ("The United States Supreme Court's decision in Bearden, supra, 461 U.S. 660, also fails to support appellant's position. In Bearden, a Georgia court ordered the defendant to pay a fine and restitution as a condition of probation. Although the defendant made one $200 payment, he was unable to pay the $550 balance and the court revoked probation and sentenced him to prison. The record showed the defendant was unable to find a job and had no assets or income, and thus had no ability to pay the fine. (461 U.S. at pp. 662-663 [103 S.Ct. at p. 2067].) The Supreme Court held that, under the due process clause of the Fourteenth Amendment, a trial court may not revoke an indigent's probation for failure to pay a fine or restitution "absent evidence and findings that the defendant was somehow responsible for the failure or that alternative forms of punishment [are] inadequate." ( Id. at pp. 665-666 [103 S.Ct. at p. 2069].) However, the Supreme Court made clear that "[i]f the probationer has willfully refused to pay the fine or restitution when he has the means to pay, the State is perfectly justified in using imprisonment as a sanction to enforce collection. [Citation.] Similarly, a probationer's failure to make sufficient bona fide efforts to seek employment or borrow money in order to pay the fine or restitution may reflect an insufficient concern for paying the debt he owes to society for his crime. In such a situation, the State is likewise justified in revoking probation and using imprisonment as an appropriate penalty for the offense." ( Id. at pp. 668-669 [103 S.Ct. at p. 2070].) It is only when the probationer has made "all reasonable efforts" to pay restitution that it becomes fundamentally unfair to revoke probation without considering other means of punishment. ( Id. at p. 669 [103 S.Ct. at p. 2071].) Here, the trial court could reasonably conclude appellant had not made "all reasonable efforts" to pay restitution. To the contrary, the record showed appellant continued to pay the minimum she could get away with and, even then, misrepresented her efforts to the trial court. In nearly five years, appellant paid only $1,866 in restitution, even though she had a family income of at least $4,900 per month. As the probation department pointed out "It is clear that Def. could of [ sic] made the court ordered mo. payment of $150.00 and has chosen not to." The evidence shows appellant "willfully refused to pay the fine or restitution when [s]he ha[d] the means to pay," or, at minimum, that she had "insufficient concern for paying the debt [s]he owes to society for h[er] crime." ( Bearden, supra, 461 U.S. at pp. 668-669 [103 S.Ct. at p. 2070].) In sum, the record in this case shows the trial court sentenced appellant to prison because she willfully refused to pay restitution as ordered and for other improper conduct, not because she lacked the financial ability to pay the restitution imposed on her as a condition of probation.")

21California Penal Code 1203.1(d) -- Probation; suspension of sentence; imprisonment; fines; conditions; modifications.  ("(d) In all cases of probation the court may require as a condition of probation that the probationer go to work and earn money for the support of his or her dependents or to pay any fine imposed or reparation condition, to keep an account of his or her earnings, to report them to the probation officer and apply those earnings as directed by the court.")

22California Penal Code 1203.1g PC -- Sexual assault on minor; restitution for costs of medical or psychological treatment of victim; condition of probation.  ("In any case in which a defendant is convicted of sexual assault on a minor, and the defendant is eligible for probation, the court, as a condition of probation, shall order him or her to make restitution for the costs of medical or psychological treatment incurred by the victim as a result of the assault and that he or she seek and maintain employment and apply that portion of his or her earnings specified by the court toward those costs. As used in this section, "sexual assault" has the meaning specified in subdivisions (a) and (b) of Section 11165.1. The defendant is entitled to a hearing concerning any modification of the amount of restitution based on the costs of medical and psychological treatment incurred by the victim subsequent to the issuance of the order of probation.")

See also California Penal Code 1203.1j PC -- Victim 65 or older; assault, battery, or assault with deadly weapon; restitution of medical or psychological treatment costs as condition of probation; amount modification; hearing.  ("In any case in which the defendant is convicted of assault, battery, or assault with a deadly weapon on a victim 65 years of age or older, and the defendant knew or reasonably should have known the elderly status of the victim, the court, as a condition of probation, shall order the defendant to make restitution for the costs of medical or psychological treatment incurred by the victim as a result of the crime, and that the defendant seek and maintain legitimate employment and apply that portion of his or her earnings specified by the court toward those costs. The defendant shall be entitled to a hearing, concerning any modification of the amount of restitution, based on the costs of medical and psychological treatment incurred by the victim subsequent to the issuance of the order of probation.")

23California Penal Code 1202.4 PC -- Victim restitution fines.  ("(5) Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendant's arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. Any defendant who willfully states as true any material matter that he or she knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. (6) A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply. (7) Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendant's sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05. (8) In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendant's disclosure be submitted as an attachment to, and be available to, those authorized to receive the following: (A) Any report submitted pursuant to subparagraph (C) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203. (B) Any stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203. (C) Any report by the probation officer, or any information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203. (9) The court may consider a defendant's unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following: (A) A circumstance in aggravation  of the crime in imposing a term under subdivision (b) of Section 1170. (B) A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203. (C) A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203. (D) A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case. (10) A defendant's failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following: (A) Require the defendant to be examined by the district attorney pursuant to subdivision (h). (B) If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendant's employment, occupation, finances, and liabilities. (C) If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.")

24California Penal Code 1214 PC -- Judgment for fines.  ("(a) If the judgment is for a fine, including a restitution fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or Section 1203.04 as operative on or before August 2, 1995, or Section 13967 of the Government Code, as operative on or before September 28, 1994, with or without imprisonment, or a diversion restitution fee ordered pursuant to Section 1001.90, the judgment may be enforced in the manner provided for the enforcement of money judgments generally. Any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation or parole or has completed diversion is enforceable by the California Victim Compensation and Government Claims Board pursuant to this section. Notwithstanding any other provision of law prohibiting disclosure, the state, as defined in Section 900.6 of the Government Code, a local public entity, as defined in Section 900.4 of the Government Code, or any other entity, may provide the California Victim Compensation and Government Claims Board any and all information to assist in the collection of unpaid portions of a restitution fine for terminated probation or parole cases, or of a restitution fee for completed diversion cases. For purposes of the preceding sentence, "state, as defined in Section 900.6 of the Government Code," and "any other entity" shall not include the Franchise Tax Board. (b) In any case in which a defendant is ordered to pay restitution, the order to pay restitution (1) is deemed a money judgment if the defendant was informed of his or her right to have a judicial determination of the amount and was provided with a hearing, waived a hearing, or stipulated to the amount of the restitution ordered, and (2) shall be fully enforceable by a victim as if the restitution order were a civil judgment, and enforceable in the same manner as is provided for the enforcement of any other money judgment. Upon the victim's request, the court shall provide the victim in whose favor the order of restitution is entered with a certified copy of that order and a copy of the defendant's disclosure pursuant to paragraph (4) of subdivision (f) of Section 1202.4, affidavit or information pursuant to paragraph (5) of subdivision (f) of Section 1202.4, or report pursuant to paragraph (7) of subdivision (f) of Section 1202.4. The court also shall provide this information to the district attorney upon request in connection with an investigation or prosecution involving perjury or the veracity of the information contained within the defendant's financial disclosure. In addition, upon request, the court shall provide the California Victim Compensation and Government Claims Board with a certified copy of any order imposing a restitution fine or order and a copy of the defendant's disclosure pursuant to paragraph (4) of subdivision (f) of Section 1202.4, affidavit or information pursuant to paragraph (5) of subdivision (f) of Section 1202.4, or report pursuant to paragraph (7) of subdivision (f) of Section 1202.4. A victim shall have access to all resources available under the law to enforce the restitution order, including, but not limited to, access to the defendant's financial records, use of wage garnishment and lien procedures, information regarding the defendant's assets, and the ability to apply for restitution from any fund established for the purpose of compensating victims in civil cases. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation or parole is enforceable by the victim pursuant to this section. Victims and the California Victim Compensation and Government Claims Board shall inform the court whenever an order to pay restitution is satisfied. (c) Except as provided in subdivision (d), and notwithstanding the amount in controversy limitation of Section 85 of the Code of Civil Procedure, a restitution order or restitution fine that was imposed pursuant to Section 1202.4 in any of the following cases may be enforced in the same manner as a money judgment in a limited civil case: (1) In a misdemeanor case. (2) In a case involving violation of a city or town ordinance. (3) In a noncapital criminal case where the court has received a plea of guilty or nolo contendere.  (d) Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a judgment for any fine or restitution ordered pursuant to Section 1202.4 or Section 1203.04 as operative on or before August 2, 1995, or Section 13967 of the Government Code, as operative on or before September 28, 1994, or to a diversion restitution fee ordered pursuant to Section 1001.90.")

See also California Penal Code 1202.4(a)(3)(b) -- Victim restitution.  ("(3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following...(B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment.")

25Restitution - California Department of Corrections and Rehabilitation Office of Victim and Survivor Rights and Services.

26California Penal Code 1203(j) PC -- Probation; conditional sentence... ("(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant's ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant's ability to pay those costs. Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant's probationary period.")

See also California Penal Code 1202.4(m) PC -- Restitution fines; exception; amounts; hearing; disclosure; extension.  ("(m) In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.")

27See same, subdivision (f)(11).  ("(11) If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to his or her scheduled release from probation or 120 days prior to his or her completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendant's period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). Any defendant who willfully states as true any material matter that he or she knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendant's scheduled release from probation or completion of the defendant's conditional sentence.")

28California Penal Code 1203.4 PC California's expungement law.  ("(a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.")  If a defendant has a remaining victim restitution balance at the conclusion of probation, he/she has not fulfilled the conditions of that probation.

29See California Penal Code 1202.4(f)(2) -- Victim restitution.  ("(2) Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of any third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited to the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the Victim Compensation Program pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.")

30California Welfare and Institutions Code 730.7(a) -- Restitution, fine, or penalty assessment order; liability of parent or guardian; ability to pay; notice to victim.  ("(a) In a case in which a minor is ordered to make restitution to the victim or victims, or the minor is ordered to pay fines and penalty assessments under any provision of this code, a parent or guardian who has joint or sole legal and physical custody and control of the minor shall be rebuttably presumed to be jointly and severally liable with the minor in accordance with Sections 1714.1 and 1714.3 of the Civil Code for the amount of restitution, fines, and penalty assessments so ordered, up to the limits provided in those sections, subject to the court's consideration of the parent's or guardian's inability to pay. When considering the parent's or guardian's inability to pay, the court may consider future earning capacity, present income, the number of persons dependent on that income, and the necessary obligations of the family, including, but not limited to, rent or mortgage payments, food, children's school tuition, children's clothing, medical bills, and health insurance. The parent or guardian shall have the burden of showing an inability to pay. The parent or guardian shall also have the burden of showing by a preponderance of the evidence that the parent or guardian was either not given notice of potential liability for payment of restitution, fines, and penalty assessments prior to the petition being sustained by an admission or adjudication, or that he or she was not present during the proceedings wherein the petition was sustained either by admission or adjudication and any hearing thereafter related to restitution, fines, or penalty assessments.")

31California Penal Code 243(e)(2)(B) -- Spousal battery.  ("(e)(2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements...(B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense. For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.")

See also California Penal Code 262(d)(2) -- Spousal rape.  ("(d) If probation is granted upon conviction of a violation of this section, the conditions of probation may include, in lieu of a fine, one or both of the following requirements...(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense. For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.")

See also California Penal Code 273.5(h)(2) - Corporal injury on a spouse.  ("(h) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements...(1) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. (2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense. For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.")

California Penal Code 273.6(h)(2)(i) -- Violation of a protective order.  ("(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements...(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense. (i) For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.")

32California Penal Code 1377 PC -- Authority to compromise misdemeanors for which victim has civil action; exceptions.  ("When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows: (a) By or upon an officer of justice, while in the execution of the duties of his or her office. (b) Riotously. (c) With an intent to commit a felony. (d) In violation of any court order as described in Section 273.6 or 273.65. (e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code. (f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code. (g) Upon a child, as described in Section 647.6 or 11165.6.")

33California Penal Code 1388 PC -- Acknowledgments by victim of satisfaction for injury; payments of costs; order for stay and discharge; discretion; bar.  ("If the person injured appears before the court in which the action is pending at any time before [a California jury] trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense.")

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