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Anytime a crime victim suffers a loss, the offender should be ordered to pay restitution for that loss. A victim’s right to a criminal restitution order stems from Article I, section 28(b) of the California Constitution, which states:
“All persons who suffer losses as a result of criminal activity shall have the right to restitution from the persons convicted of the crimes for losses they suffer. Restitution shall be ordered from the convicted persons in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss, unless compelling and extraordinary reasons exist to the contrary . . .”
Restitution orders are to be imposed in the full amount of a victim’s economic loss, unless a judge finds compelling and extraordinary reasons that the offender should not be ordered to pay. (Penal Code section 1202.4(f)) If the amount of a victim’s loss is not known at the time of the offender’s sentencing, the court is required to impose a restitution order in an amount to be determined (a “TBD order”) at a later time. An offender has the right to a hearing to dispute the amount of restitution ordered by the judge.
Restitution orders are enforceable as if they were civil judgments. (Penal Code section 1214(a) and (b) However, restitution orders are not dischargeable in bankruptcy, nor are there any statutes of limitations.
Victims of violent crime may receive benefits from the Victim Compensation Program. If a victim of crime has received financial assistance from the Victim Compensation Program, as part of the restitution order the offender must also repay the program. A separate restitution order shall be ordered to the Victim Compensation and Government Claims Board. (Penal Code 1202.4(f))
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