How does a victim get restitution ordered?

Probation Officer's Presentence Report

In determining the amount of restitution, the sentencing court will often delegate to the County Probation Department the responsibility to investigate the circumstances surrounding the crime and the criminal history and record of the offender, and to prepare a probation report for the court. When a victim has sustained losses, the report also contains a recommendation as to the appropriate amount of restitution to be awarded to the victim.

Restitution ordered by a judge

The responsibility to order restitution is that of a judge. Although the judge may delegate to the probation officer or others the function of arriving at the stipulated level of restitution, it is the sole responsibility of the judge to order the amount in court.

Plea Bargains

Plea bargaining is a practice in which a defendant in a criminal case is permitted to plead guilty to a lesser charge, thereby receiving a lighter sentence than if found guilty on the more serious charge and saving the state the effort and expense of a trial. However, the court may order restitution on dismissed counts when the negotiated disposition includes a Harvey Waiver. The waiver may also encompass unfiled charges. When it does, the court may base a restitution order on the defendant's uncharged offenses.

Error processing SSI file

national crime victims' rights week

Join the California Department of Corrections and Rehabilitation (CDCR), Office of Victim and Survivor Rights and Services (OVSRS), as we observe National Crime Victims’ Rights Week (NCVRW) 2019, with a Moment of Silence and Commemoration Ceremony.

Fremont Park
1515 Q Street, Sacramento, CA 95811
Resource event: 10 a.m. to 2 p.m.
Ceremony begins at 10:45 a.m.

Additional Statewide Events

Guide to Restitution

For Victims...

General restitution information

How does a victim get restitution ordered?

How does a victim collect on the restitution order from an inmate or parolee?

Unclaimed Restitution

California Victims Compensation Program (CalVCP)

Additional information for victims

For Offenders...

Parolee Payment Instructions

Parolee/Discharged Offender Victim Restitution Collection Program

Frequently Asked Questions

Reports & Collection Efforts

Annual Restitution Collections