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NCJRS Abstract

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NCJ Number: 157224 Find in a Library
Title: Restitution: Quick Reference Guide
Author(s): Anonymous
Date Published: Unknown
Page Count: 11
Type: Legislation/Policy Description
Format: Document
Language: English
Country: United States of America
Annotation: The California laws relating to the imposition of restitution to crime victims are summarized.
Abstract: The provisions are grouped according to whether the defendant is convicted of a felony or a misdemeanor and whether or not the defendant is granted probation. Within each category, information is provided for restitution for victimless crimes, restitution in which the victim sustains a loss, circumstances in which the restitution fine can be waived, and the waiver of a restitution order to the victim. Restitution fines for felons range from $200 to $10,000. The minimum fine must be ordered regardless of the defendant's current ability to pay. Defendants bear the burden of demonstrating inability to pay. Restitution fines for misdemeanants range from $100 to $1,000; the provisions for minimums and proof of ability to pay are similar to those for felons. The term victim includes the immediate surviving family of the victim. The order is payable to the Restitution Fund in cases where the victim has received assistance from the fund. Other provisions relate to enforcement, interest, plea bargains, related laws, and sources of information on victim losses.
Main Term(s): Victim compensation
Index Term(s): California; Restitution; Sentencing factors; State laws
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