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crime victims restitution
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10/31/2012 9:14:50 AM
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10/31/2012 9:13:35 AM
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WHAT IS VICTIM <br />RESTITUTION? <br />Victim restitution is <br />the payment of crime - <br />related expenses to you, <br />the victim or survivor of <br />the crime, from the person who is convicted of <br />the crime. <br />According to Hawai'i law, when 'an offender is <br />found guilty, the court must -order that the offender <br />pay restitution to you in an amount to fully'reim- <br />burse you for your crime - related losses. <br />Restitution is important because it: <br />• Helps crime victims pay for the monetary losses <br />resulting from -the crime. <br />• Holds offenders accountable for the harm they <br />have caused to their victims. <br />Requires offenders to be responsible for the <br />victim's out -of- pocket expenses. <br />• Provides justice to victims. <br />WHAT TYPE OF FINANCIAL LOSSES <br />CAN VICTIM RESTITUTION COVER? <br />With documentation from the victim, the offender <br />will often be required to pay restitution for the <br />following expenses: <br />• Financial loss including insurance deductible <br />amounts <br />• Property' loss or damage, or the actual or <br />estimated cost to repair damage (not covered <br />by insurance) <br />• Replacement of locks and.secur.ity devices <br />This list is not exhaustive. If you have an out -of <br />pocket expense that is related to the crime, save all <br />documentation of the expense and speak to the <br />prosecutor or victim witness advocate about includ- <br />ing the expense in your request for restitution. <br />While restitution may be ordered in your case, it, is <br />sometimes difficult to collect. <br />Depending on the offender's sentence, the State of <br />Hawai'i Judiciary, the Department of Public Safety, <br />or the Hawai'i Paroling Authority works to ensure <br />that the offender fulfills all restitution obligations. <br />WHAT TYPE OF <br />FINANCIAL LOSSES DOES <br />VICTIM RESTITUTION NOT COVER ?, <br />Restitution does NOT cover the following expenses: <br />• Any expense or loss that is not a direct result of <br />the crime, or that cannot be verified.. <br />• Any amounts'for which the victim has been reim- <br />bursed -or compensated by other sources, such as <br />insurance, motor vehicle insurance, worker's <br />compensation, etc. <br />• The cost of time spent participating in the <br />criminal justice processes. <br />• Professional (i.e. legal•or accounting) fees <br />incurred to determine losses and /or damages <br />resulting from the crime. <br />• Projected loss of revenue from the sale of <br />merchandise or inventory stolen /lost as a result of <br />the crime. <br />• Items recovered by police or held as evidence. <br />
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