HomeMy WebLinkAboutRestitution Brochure (lsw)KELDEN B.A. WALTJEN
Prosecuting Attorney
County of Hawai‘i
(808) 961-0466
RESTITUTION
Recovering Your
Losses
“...in the criminal justice sys-
tem, the victim of crime is al-
most always neglected. By re-
quiring the convicted person to
make restitution and repara-
tion to the victim, justice is
served. In so doing, the crimi-
nal repays not only “society”
but the persons injured in the
criminal’s act. There is a dual
benefit to this concept: the vic-
tim is repaid for his loss and
the criminal may develop a de-
gree of self-respect and pride in
knowing that he or she righted
the wrong committed.”
Sen. Stand. Comm. Rep. No. 789, in 1975
Senate Journal @ 1132, commentary to the
Senate’s intent in passing HRS section 706-
605(1)(e) which authorizes Courts to order
restitution.
Restitution Recovery
Project Hawai‘i County
Office of the
Prosecuting Attorney
Hawai‘i County Office of the
Prosecuting Attorney
655 Kilauea Avenue
Hilo HI 96720
(808) 961-0466
An introduction to making a claim
for restitution or reimbursement for
financial losses stemming from
criminal acts
A Message From The Hawai‘i County
Prosecuting Attorney
The financial burden resulting from a crime
can create enormous hardships for victims.
In recognition of this, Hawai‘i law allows
courts to order convicted persons to pay res-
titution for victims’ out-of-pocket expenses
that are directly related to the crime.
The goal of the criminal justice process is to
identify and hold accountable those individ-
uals who break our laws. Restitution helps
attain this goal. The payments made by a
convicted person are a reminder of the
wrong inflicted, as well as a means to restore
the victim through repayment of the vic-
tim’s financial losses.
The Hawai‘i County Prosecuting Attorney’s
Office has developed this brochure to pro-
vide you with information on how to make a
claim for restitution, and to provide you
with a brief summary of the information
you will need to provide to the court so that
the Judge can enter a restitution order.
It is my sincere hope that this brochure will
be helpful to you, both as a tool in restitu-
tion collection, and in helping you recover
from the criminal act committed against
you.
Kelden B.A. Waltjen
Hawai‘i County Prosecuting Attorney
If the person accused of the crime is convict-
ed, the Judge may order that person to pay
restitution for your stolen or damaged prop-
erty. If applicable, the Judge may also order
restitution for your out-of-pocket medical
expenses and possibly even lost wages for
hours missed from work because of a physical
disability directly caused by the criminal act.
The restitution should be paid from wages
earned while on probation, parole, or in pris-
on. Any order for restitution will be reflected
in a criminal judgment that is filed with the
court. The law also provides that you may
file a copy of that criminal judgment in civil
court and that order will carry the same force
of law as a civil judgment and can be execut-
ed upon in the same manner. Even if restitu-
tion is ordered by the Judge, we cannot
guarantee that the offender will be able to
pay for your losses.
Court Ordered Restitution
What Else Do You Need to Know?
A typical police investigation and successful
prosecution may take anywhere from 6 months
to several years.
Because the case may take a while to go through
the process, notify the investigating officer or
the Victim Assistance Unit if your contact infor-
mation has changed since you made the police
report.
You can make a claim for restitution through
the criminal court. Other legal options, such as a
civil suit, can be pursued by contacting a civil
attorney.
The Hawai‘i County Office of the Prosecuting
Attorney cannot provide legal advice on civil
matters nor assist you with collecting on a civil
judgment.
Can Victims of Crime Recover their
Financial Losses?
Yes, there are procedures that may help
victims of criminal acts receive compensation
for financial losses that are directly related to
the crime. There are two ways for victims to
recover their losses in the criminal system:
1.a Judge may order a person convicted of
a criminal act to pay restitution; or
2.the Crime Victim Compensation Commis-
sion may reimburse victims for certain
losses related to violent crimes.
What To Do to Start the Process
First, inform the police officer investigating the
case that you want restitution for your losses.
Then, as soon as possible, provide copies of re-
ceipts, estimates, or bills:
that show how much you originally paid for a
stolen or damaged item
to repair or replace stolen or damaged items
for medical treatment as a result of injuries from
the crime.
Information regarding replacement value of the
items can be collected from store advertisements,
manufacturer’s written quotes, bluebook value, or
e-bay photo of similar item with price.
Recovering Losses from Crimes of
Violence
Hawai‘i has a program in which persons con-
victed of certain crimes must pay into a fund
that is used to reimburse victims of violent
crimes. If you were an innocent victim of one
of these crimes:
Negligent Injury,
Kidnapping,
Assault,
Sexual Assault, or
Abuse of a Family or Household Member,
you may be able to recover the cost of out-of-
pocket medical expenses and lost wages.
If you are a relative of a victim of murder, man-
slaughter, or negligent homicide and paid for
the victim’s funeral expenses, you may be reim-
bursed for part of those costs.
For more information, contact:
Crime Victim Compensation Commission
1164 Bishop Street, Suite 1530
Honolulu, HI 96813
(808) 587-1143 or from Hawaii Island:
974-4000, ext 71143# or
Victim/Witness Assistance Unit
Hilo Office:
655 Kilauea Avenue
Hilo, HI 96720
(808) 934-3306 Toll free: 1-800-901-4201
Kona Office:
74-675 Kealakehe Parkway
Kailua-Kona, HI 96740
(808) 324-1066 Toll free: 1-800-321-8712