Restitution Enforcement

In California, victims of crime have a constitutional right to restitution. Restitution involves restoring economic losses incurred by crime victims or returning what was taken away from them as a result of a crime. It is the policy of the District Attorney that prosecutors and supporting staff members will assist victims to obtain restitution from convicted defendants in every appropriate case. Prosecutors accomplish this by seeking a restitution order from the judge handling the criminal case. See brochure on Enforcing Criminal or Juvenile Court Restitution Orders as Civil Judgments.

Victims of violent crimes can also receive some reimbursement for eligible losses from the state. The California Victim Compensation Board (State Board) administers the program that is primarily funded by restitution fines that courts order convicted offenders to pay in every case. Since 1987, the State Board has provided funds to a District Attorney's Office Restitution Claims Unit to process restitution claims by victims in San Diego County. In 1998, the program was expanded to provide emergency payments for funeral and burial costs for eligible claims and augmented in 2000 to provide emergency relocation funds for victims of domestic violence. Victims begin the process with the assistance of a victim advocate by submitting an application for Crime Victim Compensation.

What losses are eligible for State Board claims payments?

• Medical and medical-related expenses for a victim, including dental expenses
• Funeral and burial expenses for deaths by criminal acts up to $5000
• Relocation expenses up to $2,000 per household
• Outpatient mental health treatment or counseling and in-patient psychotherapy costs
• For actual victims, wage losses for up to five years following the date of a crime
• Up to 30-days of wage losses for a parent or legal guardian of a minor victim who has been hospitalized or has died as a result of the crime
• Support losses for legal dependants of a deceased or injured crime victim
• Home security systems or improvements up to $1,000 if the crime occurred in victim's home
• Crime scene cleanup for up to $1,000 if a victim died as a result of a crime inside a residence

Expenses not eligible for State Board claims payments:

• Lost, damaged, or stolen personal property, except medically necessary replacement of items such as eyeglass and medical equipment
• Legal fees
• Claims for pain and suffering
• Expenses submitted more than three years after such expenses were incurred
• Expenses for applicants or victims who have themselves been convicted of a felony and are either placed in jail or on probation or parole

The victim claims will only pay crime-related bills not covered by insurance or other sources. Reimbursements cannot exceed a total of $70,000 for a particular crime. Each of the above losses may have their own limits. Please consult a victim advocate or a Restitution Claims Unit specialist for limitations that may apply in your case. You do not need a lawyer or other representatives to receive payments through the State Board Victim Compensation Board. For assistance with filing an application for Crime Victim Compensation in San Diego, please contact your assigned victim advocate or for claims that have been filed contact:

Restitution Claims Unit - Restitution Enforcement & Victim Services Division
Hall of Justice
330 West Broadway, Suite 880
San Diego, California 92101
Telephone: 619-531-3915