Restitution FAQs

What is restitution?
Article I, Section 28, subdivision (b) of the California Constitution provides: “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 restitution from the person 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.”

What kind of loss can be included in an order for restitution?
Generally, almost any economic loss or out-of-pocket expense incurred by a victim arising from a criminal act, except for compensation for non-economic pain-and-suffering, may be the basis for an order of restitution, including (but not limited to):  stolen or damaged property; medical bills and mental health counseling expenses; wages or profits lost due to injury, time spent as a witness, or in assisting the police or prosecution; increased security, relocation for personal safety, and disability accommodation expenses related to the underlying offense; and, reasonable attorney fees incurred to identify and preserve assets for restitution, obtain protective court orders, and pursue or collect economic damages incurred as a result of the crime.

Who can request restitution?
Anyone can request restitution for economic losses incurred as a result of the defendant’s criminal conduct in a criminal case; however, California’s restitution statute generally limits reimbursement to “direct victims,” i.e., persons (or entities) who were the object of the offense and their immediate surviving family members, parents, grandparents, siblings, spouses, children, grandchildren, persons living in the household (or who had previously lived in the household of the victim for not less than two years in a similar familial relationship), the victim’s fiancé if he or she witnessed the crime, and the primary caretaker of a minor victim.

Can a victim request restitution without suffering physical injury?
Yes.  Restitution may be sought for economic losses even though there has been no physical or emotional injury.

How is restitution determined?
A victim’s restitution right is to be broadly and liberally construed. In most cases, documents and other information is/are submitted in advance of a scheduled restitution hearing to see whether the defendant will agree to the reimbursement requested. Where liability or the amount is disputed, the court usually holds a restitution hearing where victims can explain the basis for their claim and amounts being sought.

What kind of information is needed to support my restitution request?
In most cases, victims provide photographs of the stolen or damaged property, a repair estimate, approximate fair market value or replacement cost, medical bills, lost wages or profits documentation, a list of out-of-pocket or other actual expenses incurred, and other supporting information depending upon the circumstances. A victim need only convince the court by a preponderance of the evidence that restitution is appropriate, i.e., that it is more likely than not that the amount to be ordered fairly and fully reimburses a loss proximately caused by the defendant’s criminal act in the underlying case or serves a rehabilitative purpose as a condition of probation.

Do restitution victims have a right to appear and be heard in court?
Yes. Article I, Section 28, subdivision (b), section 8 of the California Constitution, also known as “Marsy’s Law”, specifically entitles all victims of crime to be heard upon request at any proceeding in which his or her right is at issue, including restitution.

What is a restitution order?
If restitution is proper, the judge must issue an order in a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as a result to the defendant’s criminal conduct in the case without regard to his or her financial ability to pay. This order may be imposed both as a rehabilitative condition of probation and as an order which can be separately enforced by the victim as if were a civil money judgment with unpaid amounts that may bear interest at a rate of 10 percent per annum either from the date of loss or sentencing as determined by the court.

How does a victim collect on a restitution order?
Generally, the court will initially direct monthly or other payments based on the period of probation, total amount due, the defendant’s financial status, and other circumstances, but will not incarcerate for inability to pay as long as not willful. The court is supposed to also order the defendant complete and file a statement of assets form which can be used by the victim to obtain an abstract of judgment needed to commence civil collections both during and after the period of probation.

Who can I contact with further restitution questions in my case?
We cannot provide you legal advice. However, you can submit restitution information and upload supporting documents using a worksheet for cases being prosecuted by the Long Beach City Prosecutor by visiting our online portal at: http://Restitution.CityProsecutorDougHaubert.com, sending regular mail to Long Beach City Prosecutor’s Office, Attention Victim-Advocate / Restitution, 411 West Ocean Boulevard – 8th Floor, Long Beach, CA 90802, or emailing your inquiry to: cp-restitution@CityProsecutorrDougHaubert.com.

Victim’s Restitution Worksheet