Restitution

Restitution is payment made to a victim for financial losses resulting directly from the harm or damage caused by the criminal offender. For example, this may involve payment for material losses, damages to property or medical expenses.

If you have questions about restitution, please contact our victim services coordinator at (808) 538-5687 or apdvictimservice@netscape.net.

Requesting Restitution

When an offender pleads to, or is found guilty of a felony offense, the Department of the Prosecuting Attorney submits the name, address and phone number of the victim to Adult Client Services. A probation officer will then send a letter to the victim that asks whether the victim would like to request restitution.

It is important that victims respond to Adult Client Services within the two-week deadline.

As part of the requisition process, victims must provide documents such as receipts, invoices or estimates to verify their losses and expenses. The victim may include any losses or expenses covered by their insurance or a third party.  If restitution is received in this instance, the victim must notify their insurance company or the third party about any payments received. A victim's request for restitution is included in a pre-sentence report submitted to the court prior to an offender's sentencing.

Qualifying Criteria for Restitution:

Restitution is limited to loss, damage, or injury to a victim arising from the crime(s) for which the offender has either been adjudged guilty or responsible for causing. These include:

1. Financial loss, including insurance claim deductible amounts.
2. Property loss or damage, or the actual or estimated cost to repair damage(s).
3. Medical expenses directly related to the criminal act, including psychiatric/psychological or other professional care and treatment, and when applicable, such other essential and reasonable expenses which arise as a direct result of care and treatment.
4. Non-compensated loss of wages due to a substantial disability to perform work as a direct result of the criminal act. Documentation must be provided showing inability to work due to the criminal act.
5. Funeral and burial expenses, including inter and intrastate shipment and escort transportation costs, but not to include food/beverages or postage expenses.
6. For those medical and any other expenses that were incurred on behalf of the victim by a self-insured or non-profit agency, the agency shall be entitled to restitution. These agencies include the Department of Human Services, crime victim compensation commission, county agencies, etc.
7. Any other restitution ordered by the court.

Restitution Determination

The basis for cash, property and vehicle loss will be determined as follows:

1. Cash: Shall be based on the actual loss incurred during the period of time covered by the indictment. Value of foreign currency shall be determined by the prevailing rate of exchange at the time restitution is determined.
2. Property loss or damage: Shall be based on replacement cost or the cost of any repair necessary to correct the damage. When it is not possible to determine replacement cost of an item, the original purchase price shall be applied.
3. Automobile or vehicle: Valuation of privately owned or dealer-owned vehicles shall be based respectively on the retail and wholesale values set out in the Kelley Blue Book at the time of the offense. The victim's loss shall be reduced by insurance compensation received.

Pursuing Restitution Through Civil Enforcement

If the judge orders restitution to be paid to the victim as a stand-alone sanction, in addition to ordering restitution as a term and condition of probation, the offender will be responsible to pay the ordered amount and the victim may elect to pursue this amount through civil enforcement. In this event, the offender serves his/her criminal sentence, but will also be subject to civil collection methods, such as garnishment of wages or property liens for enforcement of the restitution order.

The victim or victim's attorney must file a special civil proceeding to enforce the stand-alone sanction of the criminal order to receive enforcement and collection powers in the same manner as a civil judgment. In some cases, this period of enforcement and collection extends beyond the criminal sentence period.

Receiving Restitution Payments

Victims will be notified at their last reported address if restitution is ordered. Victims must ensure that any changes to their addresses are reported to the offender's supervising probation officer. This is necessary to ensure payments reach the victims and that victims are timely advised of the status in the case.

Once the offender begins making restitution payments via cash, certified check or money order, the First Circuit Court Cashier's Office will issue a check to the victims.