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 three options when ordering restitution:
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the court can order a specific amount of restitution if that amount is known
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the court can reserve the amount of restitution for 90 days so an exact amount can be determined
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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 notify the District Attorney’s Office if you have losses or not.
The offender has an opportunity to question the restitution requested and may ask the court for a restitution hearing. You (or if a business is the victim, a representative) may be subpoenaed to testify in if the judge orders a hearing. 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 usually made over a period of time, in small amounts. It could take some time for you to receive complete payment, so please keep our office informed of your current address.
For information about restitution payments, contact the Court Registrar in your county, the Probation Department, or your victim advocate.
LOSSES THAT MAY BE ORDERED/NOT ORDERED AS RESTITUTION
The District Attorney’s Office has Restitution Advocates available to help victims determine what can and cannot be claimed as restitution. In general, losses that may be claimed as restitution include, but are not limited to:
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any monetary loss suffered by a victim
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medical bills
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counseling
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all out-of-pocket expenses
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interest
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anticipated future expenses
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rewards paid by victims
Further details on costs that may be eligible for restitution include:
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Cost of medical, dental, and/or mental health treatment needed because of the crime.
o Bills or receipts are the preferred proof of treatment costs. Ongoing treatment should be noted on the victim impact statement.
*If bills are currently due, copies marked due and owing should be attached.
*Victims with medical insurance covering some of the costs should include an Explanations of Benefits, or an ID number, name and phone number of the insurance carrier.
• Cost to repair damaged property because of the crime
o Attach receipts or some other proof of payment to the victim impact statement detailing damage repaired as a direct result of the crime.
• Market value of stolen goods at the time of the crime
• Damaged or missing property must have a valuation to request restitution. Since, victims may not have original receipts showing the cost of property stolen or damaged so the following methods can be use to establish current replacement costs.
* Check store advertisements, the internet or newspaper advertisements that reflect the value of property damages or stolen.
* Send copies of the information to support the values to the Victim Impact Statement.
• Insurance deductibles – your insurance company may also be considered a victim
o By law the Court may order restitution to repay a deductible AS WELL AS to order an offender to pay losses incurred by an insurance carrier.
Victims should provide the insurance company name, phone number and the claim number (if available) in Section 3 of the Victim Impact Statement.
• Lost Wages
o Victims may request lost wages as part of the restitution order; however, proof of loss as well as the reason for loss must be substantiated.
* The victim should send a copy of a payroll check stub to verify hourly wage, along with an explanation for lost work because of the crime.
* If work was missed because of injury as a result of the crime, include a doctor’s letter or note, confirming the number of days incapacitated because of the crime.
* Those victims, who are self-employed, should contact their Restitution Advocate for further help in providing proof of pay rate.
* If were paid sick or vacation time for the lost wages, please contact your Restitution Advocate for further help.
• Other direct expenses, including actual costs of ongoing medical or mental health treatment
o There are many out of pocket expenses you may seek as restitution, the above items are the most often reported. The law includes all costs that are "proximate” to the crime, so please contact your Restitution Advocate if you are unsure whether a particular loss can be part of restitution.
• Please update your Restitution Advocate about any changes to your loss during the prosecution (additions, reductions-property was returned to you, or defendant paid you directly, etc.) This way, we can give the Court the most complete loss figure available at sentencing.
LOSSES THAT MAY NOT BE ORDERED AS RESTITUTION
Victims of certain crimes may qualify for more immediate help through Crime Victim Compensation. Click here for further information.
Below are frequently asked questions pertaining to restitution, as well as some other helpful links.
How do I find out about restitution?
A defendant may be ordered to pay the victim for damages that occurred as a result of the crime committed. The Victim Impact Statement you submit to the District Attorney's Office helps in determining this amount. This statement is the critical first step toward recovery of damages and it is very important that the victim complete this statement and return it to the District Attorney’s Office. In many cases, the defendant cannot pay all of the restitution immediately, so the judge, through the use of a Collections Investigator, may order the defendant to make regular payments.
Restitution is an order of the court by which offenders are held accountable for the financial losses they caused to the victims of their crimes. Once the offender has been sentenced and the court has ordered the amount to be paid as restitution, a payment schedule is established that details when payments must be made to the court to be distributed to the victim. This payment plan includes the restitution amount to be paid to the victim once the offender has paid the statutorily mandated amounts for Victim Compensation Cost and Victim/Witness Assistance Surcharge. Other court fines, costs, and fees are paid after restitution to the victim is paid in full. Please understand that the collection of restitution can take place over a length of time, particularly on large balance cases, and depends on a number of factors such as the defendant’s financial circumstances, ability to maintain employment, status of incarceration, etc.
When will I receive my restitution payment from the court?
Distribution of restitution that has been collected from the defendant occurs normally within 15 days of the date the payment is received by the court. Additional time, generally another 15 days, will be required if the collection occurred through a tax refund intercept due to processing related to the Department of Revenue.
I’m not sure the court has my correct address. What should I do?
It is absolutely imperative that the Clerk of Court have your correct address so that payments, once received from the defendant, can be sent as a restitution check to you as quickly as possible. It is the responsibility of the victim to notify the court, in writing, of any change of address information. To update your information, please mail your name, new address, a contact phone number, and the case number for which you are receiving or awaiting restitution to: Clerk of the Court (at the court location where sentencing occurred). To obtain the address and phone number of a specific court
click here.
What happens if the defendant fails to make a payment?
If a defendant fails to make timely payments, there are various measures the court, through the Collections Investigator, can take. These include, but are not limited to, the following:
Demand for payment
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Late fees assessed
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Further investigation into defendant’s finances
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Wages/assets subject to garnishment or attachment
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Property liens
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Intercept of state income tax refund, lottery winnings, and other monies disbursed by the state
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Referral of account to outside collection agency
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Suspension of driver’s license (traffic related cases)
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Probation revocation proceeding
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Warrant for defendant’s arrest may be issued
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Victim also has the right to pursue collections on his/her own (see below)
What if I want to pursue restitution collections on my own?
As provided in Section 16-18.5-107, C.R.S., a right you have as a victim is to pursue collections of restitution from the defendant in the same manner as collecting a civil judgment. This may be done through the existing criminal case (contact the court to confirm procedures). If you do choose to pursue collections on your own, you need to notify the court in the criminal case, in writing of your intent. Completing the Notice of Intent to Pursue Collections by Victim (
Word,
pdf) and filing it with the sentencing court will accomplish this. Upon receipt of the notice the court will cease further active attempts to collect restitution, but the Collections Investigator in the court or probation department may still assist the victim in his/her collection efforts. Once the court has received notice that the victim is pursuing his/her own collection efforts, the victim may apply to the sentencing court for issuance of any of the following that, if provided, shall be done without cost to the victim:
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Certified copies of the Transcript of Judgment (the order for restitution)
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Attachment of Earnings (pursuant to Section 16-18.5-105(3)(b), C.R.S.)
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Writs of execution, attachment or other civil process to collect upon a judgment pursuant to Article 52 of Title 13, C.R.S.
For further collection remedies the victim may pursue, please refer to §16-18.5-107 of the Colorado Revised Statutes, or consult an attorney. You should routinely advise the Clerk of Court of any payments you have received directly from the defendant or through your own actions to collect if they do not come through the courts.
The victim may also withdraw from pursuing his/her own collection efforts by filing a Notice of Withdrawal of Intent to Pursue Collection by Victim (Word, pdf). To withdraw, a notice of such withdrawal must be filed with the sentencing court. The withdrawal notice must state how much restitution, if any, the victim collected along with documentation showing the amount collected.
In some circumstances, both the juvenile and his or her parent(s) or guardian may be ordered to make restitution to the victim. The liability of the juvenile’s parent(s) or guardian is limited by Colorado statute to $25,000.
What if I find that the amount of restitution needed increases after sentencing?
Under Colorado statutes, the court’s power to impose restitution is limited. The court can order restitution increased only if the final amount of restitution due has not been set by the court yet. If you need to ask that the restitution be increased, please contact your local District Attorney’s office immediately and ask for their assistance with this matter.
How do I find out about restitution when the defendant is sent to prison?
When defendants are sentenced to a correctional institution, the responsibility for collection of restitution transfers to the Department of Corrections (for adults) and the Division of Youth Corrections (for juveniles). To find out the status of restitution collection efforts being undertaken, please contact the appropriate department listed below.
Department of Corrections, 2862 South Circle Drive, Suite 400, Colorado Springs, CO 80906, 719-269-4039, Fax: 719-269-4050
Division of Adult Parole Supervision, 10403 West Colfax, Lakewood, CO 80215, 303-238-5967, Fax: 303-238-0170
Division of Youth Corrections, 3900 South Carr Street, No.81, Denver, CO 80235, 303-987-4618, Fax: 303-987-4614