What is restitution balance?

Restitution balance refers to the amount of restitution an offender owes as part of their sentence for a crime they committed. Restitution is money paid by an offender to their victim or victims as compensation for losses and damages suffered as a result of the crime. The restitution balance is the amount left unpaid by the offender.

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What is the purpose of restitution?

The main purposes of restitution are:

To compensate victims for their losses

To make offenders take financial responsibility for their crimes
To deter future criminal behavior
To rehabilitate offenders by having them make amends to their victims

Restitution is considered an important part of the criminal justice process as it forces offenders to directly confront the harm they have caused others through their criminal actions. Paying restitution can be a rehabilitative experience as it holds offenders accountable and helps victims feel a sense of justice.

How is the amount of restitution determined?

The amount of restitution an offender owes is determined as part of the sentencing process and is set by the judge. The amount is based on the quantifiable financial losses and damages caused by the crime and suffered by the victim. Typical restitution costs can include:

Value of stolen or damaged property

Medical and therapy costs
Lost income
Costs incurred from injuries sustained

The prosecutor presents evidence to establish the amount of the losses suffered and a specific dollar amount for restitution. Defense attorneys may dispute the figures presented. The judge then makes the final determination on the restitution amount based on the evidence and arguments made.

Are there limits on how much can be ordered?

Yes, most states place caps on how much restitution can be ordered. Some states tie the caps to the offense committed, with higher caps often in place for felony offenses versus misdemeanors. For example, a state may impose a $10,000 cap for a misdemeanor and a $20,000 cap for a felony. Other states have enacted general caps, such as capping restitution amounts at double the offender’s gross income. The caps aim to ensure the amounts ordered are proportional to the crime and that extremely large sums are not levied against defendants.

What happens if an offender does not pay?

If an offender fails to pay their court-ordered restitution, they can face penalties including:

Civil judgment – The unpaid amount is converted into a civil judgment against the defendant, allowing the victim to pursue repayment through the civil court system.
Wage/asset seizure – The court can order the seizure of wages or assets from the defendant in order to collect the unpaid restitution.
Extending probation – Probation terms can be extended until restitution is fully paid.

Contempt of court – Failure to pay can result in contempt charges, leading to additional fines or jail time.

Compared to other parts of a sentence, courts often take restitution orders very seriously and utilize a range of enforcement mechanisms to ensure repayment by offenders.

What types of crimes typically involve restitution?

Restitution can be imposed following conviction for either misdemeanor or felony level offenses. The types of crimes that typically involve restitution orders include:

Theft crimes – Such as larceny, embezzlement, burglary. Covering value of property stolen.
Financial crimes – Such as fraud, identity theft, forgery. Covering monetary losses.
Vandalism and property damage – Restoring property to previous state or addressing damage.

Assault – Paying for medical costs and lost wages resulting from injuries.
DUI accidents – Paying for injuries to others or property damage.

However, restitution is not limited just to financial crimes – it can be applied to any criminal case where there are quantifiable losses suffered by identifiable victims. The goal is to make those victims whole again.

Are there exceptions where restitution may not be ordered?

There are some exceptions where mandatory restitution statutes may not apply. These include:

Offender is found to be indigent/unable to pay – Restitution amounts can be reduced or waived if offenders truly do not have the means to pay them.
Shared responsibility for crime – If the victim shares blame or responsibility for the crime, restitution can be waived or reduced.

Crimes without direct victims – Crimes like drug possession offenses where the losses are diffuse may not trigger mandatory restitution.
Losses are not quantifiable – If economic losses cannot be verified or valued, restitution may not be applied.

However, courts still have discretion in many jurisdictions to impose restitution even in these circumstances if they determine it would serve the interests of justice.

How do offenders pay restitution?

Criminal defendants ordered to pay restitution have a few options to make their payments, including:

Lump sum payment – One-time payment for the full amount owed.
Payment plan – Scheduled installments over time until paid in full.

Wage garnishment – Direct deductions from an offender’s paycheck.
Attachment of prison account – Deductions can be taken from funds held in inmate accounts.
Community service – Completing unpaid work and applying value to restitution balance.

The court may establish the payment terms based on the defendant’s financial circumstances and ability to pay. Defendants are expected to make a good faith effort to make payments even if they cannot immediately pay in full. Consistent payments per an established plan can help demonstrate that good faith.

What happens when restitution is fully paid?

Once an offender has fully paid their court-ordered restitution, typically a Satisfaction of Judgement document will be filed with the court showing a zero balance. This helps demonstrate to the court and probation department that the conditions of sentencing relating to restitution have been met.

Other potential consequences of fully-paid restitution can include:

Completion of probation – Probation may end once restitution requirements are satisfied.
Charges dismissed – In some cases, charges can be dismissed upon payment in full.
Improved chances of parole – Meeting restitution obligations can help with parole decisions.

Civil judgment lifted – Any civil judgements stemming from the unpaid restitution will be lifted.

Paying restitution in full brings closure to the case and lifts financial obligations stemming from the criminal penalties. While it cannot undo the crime itself, it can help provide resolution for the victims.

What is the difference between restitution and civil judgement?

The key differences between criminal restitution and civil judgments include:

Criminal Restitution	Civil Judgment
Ordered as part of criminal sentencing after conviction	Awarded by civil courts when a defendant is found liable
Goal is to compensate victims specifically for losses from the crime committed	Seeks to compensate plaintiff for a broader array of damages suffered
Amount determined by the judge based on losses from the crime	Amount determined by jury or judge based on both actual and punitive damages
Paid to the specific victim(s) identified in the case	Plaintiff receives the amount awarded
Failure to pay can result in criminal penalties	Unpaid judgments allow collection via civil remedies

While both are mechanisms to hold defendants financially responsible, criminal restitution focuses specifically on losses tied to the charged crime, while civil judgments cover a wider array of damages suffered.

What happens to restitution after an offender dies?

If an offender dies before paying their court-ordered restitution in full, the remaining unpaid amount does not simply disappear. Instead, here’s what can happen to that outstanding restitution balance:

Restitution converts to a civil judgment against the offender’s estate, allowing victims to file a claim with probate court for repayment from assets in the estate.

Restitution order may allow the outstanding balance to be deducted from any life insurance payouts or inherited funds before disbursement to heirs.
In some cases, prosecutors can sue to attach unpaid restitution orders to property that is transferred to the offenders’ heirs.
The heirs or beneficiaries of the offender’s estate are not personally liable for paying the remaining restitution unless they were co-defendants in the criminal case.

While collecting unpaid restitution from deceased offenders adds an extra layer of legal complexity for victims, the courts recognize that victims should not lose their right to compensation simply because the defendant died before full repayment. The restitution order attaches to the offender’s assets and estate after death.

Can an offender’s restitution be discharged in bankruptcy?

Whether criminal restitution can be discharged by an offender filing for bankruptcy protection depends on the timing:

Restitution ordered before bankruptcy filing – Most courts hold this debt is not dischargeable, so offenders remain liable for paying it in full despite the bankruptcy filing.

Restitution ordered after bankruptcy discharge – If the restitution was not part of the initial bankruptcy case, it is typically discharged and no longer must be paid.
Restitution ordered after bankruptcy filing but before discharge – Courts make case-by-case determinations on dischargeability for these situations.

In general, the policy is to protect restitution as a criminal penalty and prevent offenders from using bankruptcy to avoid paying compensating owed to victims. But if the timing allows a restitution debt to be wrapped into a bankruptcy case, discharge may be possible in some instances at the court’s discretion.

Are there statutes of limitations on collecting restitution?

Most states do not impose any statute of limitations on how long victims have to collect court-ordered restitution. Some specific policies on restitution collection time limits include:

No statute of limitations at all – Victims can pursue collection forever.
Tied to offender’s probation term – Collectable as long as the defendant is on probation.

Same as the statute of limitations for the underlying criminal offense – Aligns with time limits for prosecuting the crime itself.
Ten or twenty year collection window – A set window such as 10 or 20 years after sentencing.

The lack of a limitations period for criminal restitution aligns with the policy goal of fully compensating victims. It provides them with ample time to pursue all repayment avenues from unwilling or unable offenders. However, a minority of states do set defined time periods, particularly shorter ones for lower-level offenses.

Can criminal restitution be negotiated in a plea deal?

Yes, the restitution owed by a defendant can potentially be negotiated as part of a plea bargain, but with limitations. Some factors around negotiating restitution in plea agreements include:

Prosecutors may negotiate the specific restitution amount during plea talks.
As part of a deal, prosecutors may agree to waive or cap restitution requests.

Judges still make the final determination on restitution amounts, even for plea deals.
Judges can reject a plea agreement if they feel the negotiated restitution is inadequate.
Defendants may agree to higher restitution in exchange for concessions on other sentencing terms.

The victim’s input on proposed plea bargain terms involving restitution may also be solicited and considered during plea negotiations. Ultimately, the court retains discretion to impose restitution that matches losses rather than merely what the parties negotiated.

How do co-defendants divide restitution repayment?

For crimes involving multiple co-defendants, the court may hold the offenders “jointly and severally” liable for restitution. This means the co-defendants:

Can be ordered to pay restitution covering the full amount of losses, not just their individual portion.

Are each responsible for repaying the entire amount, not just a divided portion.

May be required to cover co-defendants’ unpaid portions if they default.

Can seek contribution from co-defendants voluntarily or through civil action.

Imposing joint and several liability allows the victim(s) to pursue full restitution from any one of the co-defendants without needing to determine their respective contributions. It maximizes the chances the victims will be made whole, even if some co-defendants do not pay. However, for defendants who pay more than their share, they can take civil action to spread the burden equitably across all offenders.

Conclusion

Court-ordered criminal restitution serves important purposes of compensating victims, rehabilitating offenders, and deterring future crimes. But for many victims, collecting on restitution orders can present challenges. Understanding concepts like restitution balances, limitations periods, bankruptcy rules, and co-defendant liability can help victims assert their rights and recover the restitution they are owed. Though complex at times, restitution remains a critical tool for making victims financially whole and holding criminal offenders accountable.