RESTITUTION is the money a judge orders the offender to pay to the victim(s) to compensate for damages related to the crime. Restitution is part of the offender's sentence and can be ordered in both adult and juvenile cases following a conviction or a plea of guilty. The amount of restitution ordered by the judge is contingent upon the victim's expenses related to the crime and the offender's ability to pay.

HOW TO REQUEST RESTITUTION

Requests for restitution should be made in writing prior to sentencing of the offender. Restitution forms are available from the county prosecutor, victim service provider or corrections officer. Applications for restitution should be supplemented by documents detailing the loss including: medical/dental bills, insurance payment receipts, estimates for stolen or damaged property, counseling bills, transportation expenses, loss of wage verification -- all directly related to the crime.

WHEN TO APPLY FOR FINANCIAL ASSISTANCE

Victims should request restitution as early in the criminal process as possible. At times, victims may not have all of the documentation necessary to have restitution ordered by the court. Speak with the local victim service provider to determine when the request deadline will be. It is essential that prosecutors receive an indication of whether a victim will be requesting restitution prior to a plea of guilty to assure that restitution will be considered as part of the sentence.

Reparations applications should also be submitted quickly to expedite the reimbursement for the victim's loss. Victims or their families should not wait until the medical/dental treatment is completed. If additional expenses arise, applicants may submit further requests for reparations.

The offender may be ordered to pay restitution to individuals, families, survivors, and victims other than a natural person; i.e., church, corporation, business or government entity -- if they have sustained a loss resulting from a crime.

The law states that the court may require a defendant to pay all restitution to the victim before paying other imposed fines.

Restitution may only be requested for out-of-pocket expenses incurred by the victim as the result of a crime. If the entire amount of the victim's loss is unknown at the time of sentencing, the amount of restitution ordered may be determined at a later date.

At times, requests may be made for anticipated expenses, such as physical or psychological therapy, if the offender's sentence includes probation or supervised release, the total amount of restitution ordered may remain open through the duration of probation as expenses for medical, dental, and/or psychological treatment accrue.

WHAT RESTITUTION WILL NOT COVER

All requested restitution costs must be directly related to the criminal act perpetrated by the charged defendant(s). Expenses incurred by another critical incident will not be considered for payment. Some judges will only order restitution for expenses not covered by insurance.

Payment for physical pain and/or emotional trauma can not be ordered by the criminal court. Victims who seek additional financial compensation for this type of loss must retain a civil attorney for representation. The offender's financial resources and ability to pay should be considered when assessing this recovery option.

RESTITUTION HEARING

A restitution hearing can be requested by either the defendant or the victim. The hearing is held if the offender or victim is challenging the amount of restitution ordered by the judge or the validity of the expenses submitted by the victim(s).

In the event of a restitution hearing, victims requesting restitution may be called to court (at least five days prior to the hearing) to document their expenses with copies of bills, receipts or other confirmation of loss. It is the defendant's (debtor's) burden to prove that restitution should not be considered as requested by the victim.