Restitution for Victims

Restitution is the repayment of losses, to the victim by the offender.  Restitution cannot be ordered until the defendant pleads guilty or is found guilty at trial and a sentence is imposed. 

Every year over 450 million dollars is lost nationally by victims as a direct result of crime.  In an effort to address these victim losses, the Colorado State Legislature enacted laws mandating restitution.  Restitution is ordered by the court not only to make the victim “whole,” but to insure the offender will not benefit from his/her crime.   Persons found guilty of a crime are ordered to pay restitution as part of any sentence imposed as both a deterrent to future crime and as a tool for rehabilitation.  Restitution is ordered in addition to the offender’s punishment (i.e. probation, jail, prison).

The prosecutor is responsible for providing the court with the amount of restitution owed to the victim or victims in a criminal case.  This may be done through Victim Impact Statements, testimony at trial or through testimony by the victim at a hearing.  At sentencing, the court has several options when ordering restitution, for example:

• the court can order a specific amount of restitution if that amount is known
• the court can reserve the amount of restitution for a specific period of time after sentencing so that an exact amount can be established
• the court can find there is no restitution owed
• the court can order a restitution hearing if the amount of restitution is in dispute

A Victim Impact Statement is mailed to all victims of crime where damage to a person or property is charged.  To insure the correct amount of restitution is ordered, it is important to report your losses or notify the District Attorney’s Office that you didn’t suffer a loss.  A copy of your Victim Impact Statement will be provided to the defense attorney and the accused, as required by State law. 

The offender has an opportunity to question the restitution requested and may ask the court for a restitution hearing.  You (or business representative if the victim is a company/agency) may be subpoenaed to testify at the hearing, set by the judge.  When the final restitution figure is decided by the court, the offender will be required to make restitution payment.

Restitution is paid to the Court Registry, which distributes the payments to each of the crime victims named in the court’s restitution order.  Your restitution payments will be mailed to you as the offender pays the court.  Payments are most often made over a period of time, in small amounts.  It could take some time for you to receive complete payment, so please keep the District Attorney’s Office or the Court Registrar informed of your current address.

For information about restitution payments, contact the Court Registrar in your county, the Probation Department, or your Victim Advocate.

E-Mail the D.A.

DA18@da18.state.co.us