Update of Restitution Basics for Victims of Offenses by Juveniles

Restitution Basics for
Victims of Offenses
by Juveniles

If you are the victim of an offense committed by a youth
under the age of 18, you have a right to be repaid for losses
that resulted from the offense.
This booklet will help you understand:
* How to exercise your right to restitution
* What to expect as the juvenile case moves forward
* Special rules for restitution in juvenile cases
* How to collect the money you are owed
What is restitution?
Restitution is repayment by the offender of money you lost or had to spend
as the result of an offense committed by a youth under the age of 18. No one
can undo the harm, but if the person who committed the offense is found
and held responsible, the judge can order that person to pay you back for any
monetary losses or costs from the offense.
What losses can I expect to be covered by restitution?
In most cases, restitution will cover only financial losses. Nonfinancial
losses are usually not covered.
Financial losses
You have the right to restitution for any financial loss caused directly
or indirectly by the offense, including:
* Medical, dental, or counseling expenses
* Lost wages because of an injury
* Lost wages for time you spent helping the police or prosecution
* Moving or security expenses
* Lost, stolen, or damaged property
* Legal fees related to collecting restitution
To get restitution, you must be able to:
* Show that your loss was caused by the offense, and
* Prove the amount of your loss with documents like bills, receipts,
or estimates for repair.

Nonfinancial losses
Many victims experience losses that are not financial, such as ongoing
pain and suffering. In most cases, the judge cannot order restitution for
these kinds of losses. You may, however, claim restitution for the cost
of treatment.
If you were the victim of a sex offense when you were under the age of 18, you
may be eligible for compensation for pain and suffering. For more informa-
tion, talk to the district attorney or county probation department.
Even if your losses are not eligible for court-ordered victim restitution,
you still have the right to sue the offender in civil court. There are, however,
strict deadlines for civil lawsuits, and suing for restitution can be com-
plicated. Talk to a lawyer who specializes in restitution cases right away.
Your local bar association can refer you to a qualified lawyer.
How do I request restitution?
Even though you have a right to restitution, it is your responsibility to
claim and document your losses or expenses. You need to make sure the
probation department, the district attorney, and the court know about all
losses and expenses you had because of the offense. Save and submit all
the information about your losses, including receipts, bills, repair esti-
mates, and similar records, to the probation department. Always make
copies of any records you give to the probation department. The probation
department will write a report for the district attorney and the court using
the information that you give them. The district attorney will then request
that the court order restitution. If you need help, contact your county's
Victim Witness Assistance Center (VWAC) and request a victim advocate,
who will help you to collect restitution. To find the office in your county,
visit www.vcgcb.ca.gov/victims/localhelp.aspx.
Can the court order restitution if the youth who committed the
offense isn't found and held responsible?
No. But you may be able to get reimbursed for some expenses from the
state-run California Victim Compensation Program (CalVCP). Unlike
restitution, which is paid by the offender, CalVCP payments come from
the state Restitution Fund, which is available even in cases where the

youth is never found legally responsible
Note: If you receive money
for the offense. This program, however,
from the Victim Compensa-
does not pay for everything that restitution
tion Program and later get
does. For example, only victims of offenses
repaid for the same expense
involving violence or the threat of violence by someone else, such as
may be reimbursed through CalVCP, and the the offender or an insurance
program will not pay for personal property company, you will need to pay
back some or all of the money
losses except for medically necessary items,
you got from the Victim Com-
like eyeglasses or wheelchairs. To learn
pensation Program.
more, contact your county's VWAC or go
to www.vcgcb.ca.gov/victims/.
How long does it take to get restitution?
It depends. Before you can request restitution, the youth must first be
found legally responsible for the offense. That determination may be
reached quickly if the youth admits responsibility in court. It will take
longer if a trial is needed.
If the offender admits to the charges or is found legally responsible, then
restitution will be discussed at the disposition hearing, which is the juvenile
court equivalent of a sentencing hearing. This hearing usually happens
a few weeks after the hearing where the offender was found responsible,
to give the probation department time to prepare a report for the judge to
consider in determining the right disposition.
Can I get restitution if the youth is not found responsible for the
offense or the matter is dismissed?
No. If the entire case against the youth is dropped by the district attorney
or dismissed by the judge, you cannot get restitution through the juvenile
court. However, you may still be able to recover money for your loss by
suing that person in civil or small claims court or by applying to CalVCP.
Can I get restitution if only some of the charges are dismissed?
Yes. In a juvenile case, when a youth admits to some of the charges in
exchange for having others dismissed, the judge is always allowed to
order restitution, even if the charges related specifically to your loss
are dismissed.

Do I have to go to the disposition hearing?
No, but you may want to talk to the district attorney or the probation
department about whether you should. If you have a lawyer, your lawyer
may attend for you.
If I go to the disposition hearing, will I have to speak to the judge?
No. You have the right to speak to the judge if you want to, but you are not
required to speak at the disposition hearing.
If I don't go, will the judge know about my request for restitution?
Yes. The probation department will inform the judge before the disposition
hearing about your request for restitution. That means you must give the
probation department information about your losses right away. If you
want a copy of the information that the probation officer gives the judge
about disposition and restitution, ask the probation department or, if you
have one, your victim advocate.
What if there is a disagreement about the amount of restitution?
The amount of victim restitution is usually decided at the disposition
hearing. If the offender disputes the amount you claim you are owed or
some other question arises about how much restitution should be ordered,
the judge may schedule a separate restitution hearing before making a
decision in your case.
What happens at a restitution hearing?
The judge will hear evidence related to restitution. The judge may ask you
to show proof of your loss, such as receipts, bills, or estimates for repairs,
and to answer questions about the following issues in court:
* Did you experience a financial loss?
* Was your loss caused by the offender's illegal act?
* Is your loss the kind that restitution can pay for?
* How much money are you owed?

If there is a restitution hearing in your case, talk to the district attorney,
the assigned probation officer, or your victim advocate before the hearing
so you will know what you need to do if and when you go to court.
What if my insurance has already paid for some of my losses?
The court will not reduce the amount of restitution, but you may be asked
to reimburse your insurance company for any insurance payments you
have received for the same loss.
What paperwork will I need from the court to get paid?
The court clerk makes a summary of what happened during court each
day in what is called a minute order. Ask for a copy of the minute order after
the hearing where you are granted restitution.
If the offender fails to pay you, the minute order may not be enough to
help you collect restitution. In that case, you will need a copy of Order
for Restitution and Abstract of Judgment (form CR-110/JV-790). This form
isn't used by all courts, so you may want to ask the district attorney,
the probation officer, or your victim advocate if the judge in your case
usually uses this form; and if the answer is no, you can ask them to use
it in your case. Get the form from the court clerk's office, a legal self-
help center, the District Attorney's Office, your victim advocate, or the
California Courts website at www.courts.ca.gov/documents/jv790.pdf.
Since you can't know if you will have problems collecting restitution
until after the judge has made the order and some time has passed, it
is important to get a copy of the completed judgment form when the
offender is sentenced. If you attend the sentencing hearing, you can
bring form CR-110/JV-790 with you and ask the judge to complete it,
or you can have the district attorney or probation officer ask the judge
for you.
Having a copy of the judgment lets you use the courts to help collect your
restitution if the offender does not pay you voluntarily. For example, you
can use the judgment to:
* Put a lien on the offender's property, or
* Have money taken out of the offender's paycheck or bank accounts.

In many cases, a county or state agency will collect restitution for you
and send you the payment, but it's always a good idea to keep all paper-
work you get.
What if I need to change the amount of restitution I am owed?
As long as the offender is on probation or parole, you can ask the judge to
change the amount of the restitution order. You can contact the district
attorney for help getting the case back into court, or you can ask the court
clerk's office yourself. The offender will be told about your request and has
a right to go to the hearing. You should be prepared to show proof to the
judge of what the new amount of restitution should be.
What happens to an offender who refuses to pay restitution?
The court may:
* Send the offender to juvenile hall for violating a condition of probation;
* Order the offender's employer to take out a percentage of the offender's
paychecks to send to you; or
* Order that restitution be paid from the offender's assets, if any.
Before issuing this kind of order, the judge may give the offender a chance to
show that payments have actually been made or that there was a legitimate
reason for not making payments.
The court will not allow an offender's record to be sealed or destroyed until
victim restitution has been paid in full.
What if the offender is sentenced to juvenile hall or put on probation?
The probation department or the county collection agency will collect
your restitution from the offender and send it to you. If the offender
cannot pay it all at once, the office will collect it and send it to you in
installments.

What if the offender is sent to a state juvenile facility?
The Division of Juvenile Justice (DJJ) of the California Department
of Corrections and Rehabilitation (CDCR) can collect money from the
inmate and send you restitution payments. CDCR is allowed to take up
to half of the inmate's prison account to pay toward your restitution.
You must first complete and submit CDCR form Request for Offender In-
formation (Juvenile), following the instructions on the form. Your victim
advocate can help you get this form, or you can find it on the CDCR
website at www.cdcr.ca.gov/Victim_Services/docs/requestforoffender.pdf.
How can the probation officer help?
Because different agencies and divisions can be in charge of collecting
restitution, individual probation officers don't always know whether the
offenders they supervise are making their payments. If the offender in
your case is not making payments toward restitution, let the probation
officer know and he or she may be able to help in the following ways:
COUNSELING THE OFFENDER. The officer may be able to get the offender to
pay you simply by speaking with him or her about what can happen if the
restitution is not paid.
GETTING THE OFFENDER'S FINANCIAL INFORMATION. If you have not been
paid in full by the time the offender is within four months of finishing
the probation term, be sure to tell the probation department. To find
out when the offender's probation ends, look at the dispositional order
or ask the probation department. If the offender is to be released from
a juvenile facility soon, ask the district attorney about getting a court
order for the probation department to notify you if the offender gets a
job-then if the offender starts working after release but doesn't start
paying you, you can ask the court for an income deduction order.
To make certain that DJJ has your restitution order on file and knows
where to send any money it collects for you, mail a copy of the order and
your contact information to:
California Department of Corrections and Rehabilitation
Office of Victim & Survivor Rights & Services
Attn: Juvenile Services Unit
P.O. Box 942883
Sacramento, CA 94283-0001

How can the juvenile court help?
UNFREEZING ASSETS. If the offender or the offender's parents have assets,
such as property or bank accounts, that the judge froze before the sentencing,
the judge can order that the offender use those assets to pay restitution.
DEBTOR'S EXAMINATION. Until your full restitution is paid, you are allowed
to make the offender come to court once a year and answer questions about
income and assets. This is called a debtor's examination, and it will help you
find out if the offender has new assets or income that can be used to pay you.
You can ask a victim advocate, the court's self-help center, or a private
lawyer to help you with this. Or, you can fill out and file Order to Attend Court
or Provide Documents (form CR-125/JV-525), which will require the offender
to go to court to provide financial information. Attach a blank copy of Form
Interrogatories-Crime Victim Restitution (form CR-200) for the offender to
complete, then have both forms served on the offender. If the offender
does not appear in court or provide financial information, you can ask the
judge to issue a bench warrant. That means the offender can be arrested
and brought to court.
If the judge has ordered that the parents be held responsible for their
child's debt, you can use the same process to find out about the parents'
ability to pay.
What other options do I have to help me get paid?
Because a court cannot create money where there is none, collecting
restitution can be difficult or impossible if the offender has no job or
assets. Collection will usually be more successful if the offender or the
offender's parents have a steady job and a bank account, or own a house
or other valuable property.
If you are trying to get paid through collection agencies outside of the
juvenile court, make sure you have a judgment document that specifies
the amount of money you are owed, such as your Order for Restitution
and Abstract of Judgment (form CR-110/JV-790), if the court completed one.
LIENS. A lien is a legal claim or hold on someone's property, usually a house,
land, or a business. It keeps the owner from selling or refinancing the
property without first paying off the debt owed to you. To find out where
the offender or the offender's parents have property, use the Defendant's

Statement of Assets (form CR-115) or a
Note: You can get all Judicial Council
debtor's examination. To get a lien
forms named in this brochure from:
on real estate belonging to the of-
fender, file a copy of your abstract of the office of the clerk of court,
judgment with the County Recorder's your court's self-help center,
Office in each county where the of- your victim advocate, or
fender owns property. To put a lien
the California Courts website:
on a business owned by the offender,
www.courts.ca.gov/forms.htm.
file the abstract of judgment with the
Secretary of State.
If your lien is granted, you must also go back after your restitution is paid
in full and file an Acknowledgment of Satisfaction of Judgment (form EJ-100)
with the court clerk to end the lien.
LEVIES. A levy is the legal way of taking someone's property or assets to
pay off what they owe you. Placing a levy on an offender's bank account,
for example, could require the bank to give you money from the account,
or a levy on a real estate property could force the offender to sell it and
pay you out of the money from the sale.
Placing a levy can be complicated, so you may want to hire an attorney to
help with the process. Unlike a lien, a levy requires you to list the specific
items that you want to levy. To ask for a levy, you must fill out Writ of Ex-
ecution (form EJ-130) and Notice of Levy (form EJ-150) and take the forms
along with a copy of your abstract of judgment to the court clerk. The
clerk will charge you a fee and issue the writ. If you cannot afford
the fee, ask the clerk if you qualify for a fee waiver.
Then, take the paperwork you get from the clerk to the sheriff of the county
where the levy is to be made. The sheriff will serve the paperwork on the
offender or whoever has control of the property and make it known that you
are levying the property. A separate writ must be issued for each county in
which you want a levy.
COLLECTION AGENCIES. You can hire a private collection agency to collect
restitution from the offender or the offender's parents for you. Be advised,
however, that these agencies usually get paid by keeping a portion of the
money they collect for you-often as much as half.