California Penal Code 1214 PC makes an order of restitution (in a criminal case) enforceable as if it were a civil judgment. This means a victim will have all the resources available under California law to collect upon the judgment.
Victim restitution (compensation) refers to a victim’s right to recover any economic losses that he/she incurred as the result of another person’s criminal wrongdoing.
A restitution hearing is held in many California criminal cases for:
- the victim to establish the exact amount of his/her losses, and/or
- the defendant to contest the amount of restitution that the victim seeks.
Please note that victim restitution is not the same thing as compensation under the California Victim Compensation Program (CalVCP). The CalVCP is a state fund designed to provide compensation to victims of violent crimes for unreimbursed losses associated with those crimes.
CalVCP claims are often made in connection with such violent crimes as:
- California Penal Code 187 PC homicide,
- California Penal Code 211 PC robbery,
- California Penal Code 261 PC rape, and
- California Penal Code 288 PC lewd acts with a minor.
Our California criminal defense attorneys will explain the following in this article:
- 1. What is provided under California Penal Code 1214 PC?
- 2. What is victim restitution and compensation?
- 3. What is a restitution hearing?
- 4. Is restitution the same thing as compensation under the California Victim Compensation Program?
Penal Code 1214 allows victim restitution to be enforceable as a civil judgment.
1. What is provided under California Penal Code 1214 PC?
Penal Code 1214 PC is the California statute that says once a dollar amount of restitution has been ordered in a criminal case, the order is then enforceable as if it were a civil judgment. This means that a victim will have all the resources available under California law to collect his payments.1
These “resources” may include (but are not limited to):
- access to the defendant’s financial records and assets via a “defendant’s statement of assets,” which the defendant must sign under penalty of perjury (subjecting him/herself to California Penal Code 118 PC perjury charges if he/she omits or falsifies information),23
- the ability to garnish wages (if the defendant is employed), and
- the ability to place a lien on any property.2
2. What is victim restitution and compensation?
Victim restitution (compensation) refers to a victim’s right to recover any economic losses that he/she incurred as the result of another person’s criminal wrongdoing.
“Victims” may include
- the person who suffered a direct or threatened physical, psychological, or financial harm,
- the family of the individual who suffered a loss, or even
- a business, government or other entity that has suffered a loss due to another person’s criminal acts.3
“Losses” include (but are not limited to):
- stolen, damaged or destroyed property,
- medical and/or therapy bills,
- lost wages if the victim was unable to work due to the crime (which includes court and travel time),
- damage to a business or its property, and
- any reasonable attorneys’ fees that were incurred by trying to collect the ordered restitution.4
California law provides that victims of crimes are entitled to recover the full amount for any reasonable losses or expenses.5 The prosecutor is not even allowed to reduce this amount during a plea bargain, because he/she has no right to waive any claims on the victim’s behalf.6
The court has wide discretion in ordering restitution.
3. What is a restitution hearing?
A restitution hearing is held in many California criminal cases for:
- the victim to establish the exact amount of his/her losses, and/or
- the defendant to contest the amount of restitution that the victim seeks.
At this hearing, the victim has the burden of proving that the defendant’s criminal conduct substantially caused the victim’s losses. The defendant’s conduct doesn’t have to be the only factor that contributed to the loss, as long as the conduct was at least a substantial factor.7
The victim must prove that the amount of compensation she is requesting is proper. The standard of proof is “a preponderance of the evidence,” a legal concept which means “more likely than not“.8 Evidence such as
- bills,
- business records,
- medical expenses, and
- profits lost
are all admissible at the hearing.9 If the victim doesn’t have this type of documentary evidence, she can simply explain what she believes were her losses.
If the defendant disputes this amount, it is he who then has the burden of proving that the requested amount is inappropriate, perhaps by obtaining his own estimates.10 The defendant always has the right to challenge the amount ordered.11
If a judge agrees with the victim and awards restitution, then he will either
- require the defendant to pay the victim the full amount in one payment, or
- set up a payment plan for the defendant to make installment payments (a much more common approach).
4. Is restitution the same thing as compensation under the California Victim Compensation Program?
Victim restitution is not the same thing as compensation under the California Victim Compensation Program (CalVCP). The CalVCP is a state fund designed to provide compensation to victims of violent crimes for unreimbursed losses associated with those crimes.
The California Victim Compensation and Government Claims Board administers CalVCP.
The fund is paid for in large part by restitution fines levied on all criminal defendants in amounts ranging from $100 to $10,000.12
CalVCP covers expenses related to physical injuries (as opposed to purely economic injuries). In certain cases, emotional injuries can be enough to qualify.
California Victim Compensation Program claims are often made in connection with such violent crimes as:
- California Penal Code 187 pc homicide,
- California Penal Code 211 pc robbery,
- California Penal Code 261 pc rape,
- California Penal Code 288 pc lewd acts with a minor,
- domestic violence crimes in California,
- vehicular manslaughter crimes in California,
- drunk driving crimes in California, and
- California Penal Code 245 PC ADW.
Legal References:
- California Penal Code 1214 PC. The language of the code section reads as follows:(a) If the judgment is for a fine, including a restitution fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or Section 1203.04 as operative on or before August 2, 1995, or Section 13967 of the Government Code, as operative on or before September 28, 1994, with or without imprisonment, or a diversion restitution fee ordered pursuant to Section 1001.90, the judgment may be enforced in the manner provided for the enforcement of money judgments generally. Any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision pursuant to Section 3451, or mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170, or after completing diversion is enforceable by the California Victim Compensation Board pursuant to this section. Notwithstanding any other provision of law prohibiting disclosure, the state, as defined in Section 900.6 of the Government Code, a local public entity, as defined in Section 900.4 of the Government Code, or any other entity, may provide the California Victim Compensation Board any and all information to assist in the collection of unpaid portions of a restitution fine for terminated probation or parole cases, or of a restitution fee for completed diversion cases. For purposes of the preceding sentence, “state, as defined in Section 900.6 of the Government Code,” and “any other entity” shall not include the Franchise Tax Board. A local collection program may continue to collect restitution fines and restitution orders once a defendant is no longer on probation, postrelease community supervision, or mandatory supervision or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170.
(b) In any case in which a defendant is ordered to pay restitution, the order to pay restitution (1) is deemed a money judgment if the defendant was informed of his or her right to have a judicial determination of the amount and was provided with a hearing, waived a hearing, or stipulated to the amount of the restitution ordered, and (2) shall be fully enforceable by a victim as if the restitution order were a civil judgment, and enforceable in the same manner as is provided for the enforcement of any other money judgment. Upon the victim’s request, the court shall provide the victim in whose favor the order of restitution is entered with a certified copy of that order and a copy of the defendant’s disclosure pursuant to paragraph (5) of subdivision (f) of Section 1202.4, affidavit or information pursuant to paragraph (6) of subdivision (f) of Section 1202.4, or report pursuant to paragraph (8) of subdivision (f) of Section 1202.4. The court also shall provide this information to the district attorney upon request in connection with an investigation or prosecution involving perjury or the veracity of the information contained within the defendant’s financial disclosure. In addition, upon request, the court shall provide the California Victim Compensation Board with a certified copy of any order imposing a restitution fine or order and a copy of the defendant’s disclosure pursuant to paragraph (5) of subdivision (f) of Section 1202.4, affidavit or information pursuant to paragraph (6) of subdivision (f) of Section 1202.4, or report pursuant to paragraph (8) of subdivision (f) of Section 1202.4. A victim shall have access to all resources available under the law to enforce the restitution order, including, but not limited to, access to the defendant’s financial records, use of wage garnishment and lien procedures, information regarding the defendant’s assets, and the ability to apply for restitution from any fund established for the purpose of compensating victims in civil cases. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision under Section 3451, or mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 is enforceable by the victim pursuant to this section. Victims and the California Victim Compensation Board shall inform the court whenever an order to pay restitution is satisfied. A local collection program may continue to enforce victim restitution orders once a defendant is no longer on probation, postrelease community supervision, or mandatory supervision or after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170.
(c) A defendant who owes a restitution fine, a restitution order, or any portion thereof, and who is released from the custody of a county jail facility after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 shall have a continuing obligation to pay the restitution fine or restitution order in full.
(d) Except as provided in subdivision (d), and notwithstanding the amount in controversy limitation of Section 85 of the Code of Civil Procedure, a restitution order or restitution fine that was imposed pursuant to Section 1202.4 in any of the following cases may be enforced in the same manner as a money judgment in a limited civil case:
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a plea of guilty or nolo contendere.
(e) Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply to any of the following:
(1) A judgment for court-ordered fines, forfeitures, penalties, fees, or assessments.
(2) A restitution fine or restitution order imposed pursuant to Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as operative on or before August 2, 1995, or Section 13967 of the Government Code, as operative on or before September 28, 1994.
(3) A diversion restitution fee ordered pursuant to Section 1001.90.
(Amended by Stats. 2016, Ch. 31, Sec. 242. (SB 836) Effective June 27, 2016.)
- See same.
- California Constitution Article 1, Section 28(e).
- California Penal Code 1202.4 PC.
- California Constitution Article 1, Section 28(b).
- People v. Brown (2007) 147 Cal.App.4th 1213.
- Judicial Council of California Criminal Jury Instruction 240 – CALCRIM 240.
- People v. Baumann (1985), 176 Cal.App.3d 67.
- California Penal Code 1203.1d(d) PC.
- People v. Gemelli (2008), 161 Cal.App.4th 1539.
- See California Penal Code 1202.4f1 PC.
- California Penal Code Section 1202.4b PC.