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Restitution

In every criminal case, the court must order restitution for the victim's out-of-pocket losses and other damages. There is also a "restitution fine" that may be ordered as part of the fines and penalties.

Victims of crime suffering losses are entitled to a restitution order in the criminal case absent compelling circumstances. California Constitution, Article 1, Section 28(b), California Penal Code 1202.4, California Welfare and Institutions Code Section 730.6, People v. Broussard (1993) 5 C4th 1067, 22 CR2d 278. The defendant's inability to pay cannot be considered as a compelling and extraordinary reason for not imposing restitution, and it cannot be a consideration in determining the amount of the restitution order. California Penal Code 1202.4(g), See e.g., People v. Draut (1999) 73 Cal.App.4th 577, 86 Cal. Rptr. 2d 469.

Restitution is required, to the extent possible, to be of a dollar amount sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct. California Penal Code 1292.4(f)(3), People v. Keichler (2005) 129 Cal.App.4th 1039, 29 Cal. Rptr. 3d 120 However, the statutory list is not exhaustive, but instead illustrative. Id at 1047.



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