I have financial losses and additional expenses as a result of the crime. Can I be reimbursed for my losses and expenses?
"Restitution" is money paid by the offender to the victim to cover financial losses. Such financial losses include the value of any stolen property, medical expenses, and wages or profits lost by the victim or by the parents or guardians of a victim who is a minor. The California Constitution requires that the court order a convicted person to pay restitution to the victim. At the time the convicted person is sentenced (for a juvenile this is during the dispositional hearing), the judge will order him or her to pay you for losses caused by the crime. You are permitted to request interest at the rate of 10 percent per year. The parents of a juvenile offender are legally responsible for the restitution to the victim. (See Welf. & Inst. Code, §§ 730.6 and 730.7 and Pen. Code, § 1202.4 for more information.)
There is also a state-managed victim restitution fund, the Victim Compensation Program, to assist victims of crime. The money in the fund comes from persons convicted of crimes. To receive payment from the fund, you must apply within one year of the crime (minors can apply within a year after they turn 18). You must also cooperate with law enforcement agencies and provide written proof of your losses and expenses.
[ Top of Page ]
I would like to attend the hearings. What hearing can I attend? Can I bring a support person with me?
As a victim you are entitled to attend the juvenile court hearings that deal with your case, and you should receive notice of the hearings. Inform the county's probation department that you want to attend. Victims are allowed to bring up to two support people. However, any party to the case, including the offender, can prohibit the victim and the support people from attending. If you are excluded from the hearing, you can still express your views, in a reasonable way, by submitting a victim impact statement. (See Welf. & Inst. Code, §§ 656.2 and 676.5 and Cal. Rules of Court, rule 1410(e)(2) for more information.)
[ Top of Page ]
I am interested in becoming more involved in the case. What can I do to let the offender know how this affected my life?
Many counties have programs that give you the opportunity to tell the offender how the crime affected you. You can do this by writing a statement that you or an advocate read in court or the probation officer can forward to the offender. Another possibility is a facilitated dialog with the offender, such as supervised victim-offender mediation. The choice to participate is entirely up to you. It is against the law for your address or telephone number to be given to the offender. (Pen. Code, § 841.5.) State law, section 742(b) of the Welfare and Institutions Code, states that victims of juvenile offenders must be informed of any victim-offender conferencing program or victim impact class available in the county. Victim impact classes give victims an opportunity to express, when they are ready, how the crime affected their lives to a small group of offenders. The youth responsible for the offense in which you were involved will not be in the class.
[ Top of Page ]
<< back
Last modified: 01/12/2007
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
