HomeMy WebLinkAboutRestitution Violent crimeHOW DO 1 DOCUMENT MY
RESTITUTION LOSSES FOR
THE COURT?
To ensure accurate and complete restitution orders,
you, as a victim of crime, are required to document
and verify your losses in writing —to the degree
possible —for the court.
The timely submission of your restitution documen-
tation is very important so that the prosecutor can
request restitution and the judge can order it.
The Hawai'i Restitution Documentation Form that.
accompanies this- brochure can help you consider,
document, and total your financial losses.
Sometimes, it can be, difficult to accurately docu-
ment your losses. The information below is designed,
to help.you think about the best way to document
your losses.
Documentation and verification may include:
• Copies of bills or statements for services that
verify your crime- related losses (any receipts or
cancelled checks).
• Employer statements that verify lost earnings
resulting from the crime and your income history
(pay stubs or income tax records).
• Copies of bills or statements front your physician
for crime - related medical expenses.
Verification of any insurance, motor vehicle
insurance, or worker's compensation claims
sUbmitted and /or claims payments you have
received.
• Copies of insurance claims and related corre-
spondence between you and your insurance
company, as'well as copies of any checks you
may have received to cover losses.
RESTITUTION
HOW CAN MY RESTITUTION IN HAWAII
ORDER BE CONVERTED TO FOR VIOLENT CRIMES
A CIVIL ORDER? ,
Your restitution order can be enforced in the same
manner as a civil judgment and is subject to all rele-
vant civil collection remedies, such as a lien on the
defendant's property.
Simply file your, certified or exemplified restitution
order from any Hawai'i criminal court with the r
office of any Clerk of Court at no cost to you —there
is no filing fee.
FOR MORE INFORMATION
If you have any questions or need further assistance
after reading this brochure, please contact
Prosecutor's Office
Honolulu (808) 768 -7400
Maui (808) 270 -7777
Kauai (808) 241 -1888
Hilo f808) 961 -0466
Kona (808) 322 -2552
Victim Witness Assistance Program
Honolulu (808) 768 -7401
Maui (808) 270 -7695
Kauai (808) 24,1 -1888
Hilo (808) 934 -3306
Kona'(808) 322 -2552
The project was supported by Award No. 2005 -VA -CX -0046 awarded by
the Office for Victims of Crime, Office ofjustice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publica-
tion /program /exhibition are those of the author(s) and Flo not necessarily
reflect the views of the Department of Justice.
10.200avi
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WHAT IS VICTIM RESTITUTION?
Victim restitution is the payment of crime- relat-
ed expenses to you, the victim or survivor of
the crime, from the person who is convicted of '
the, crime.
According to Hawai'i law, when 'an offender is
found guilty, the court must order that the
offender pay restitution to you in an amount
to fully reimburse you for your crime - related
losses.
Restitution is important because it:
• Helps crime victims pay for the - monetary
losses resulting from the crime.
• Holds offenders accountable for the harm
they have caused to their victims.
• Requires offenders to be responsible for the
victim's out -of- pocket expenses.
• Provides justice to victims.
WHAT IS THE.DIFFERENCE'
BETWEEN VICTIM RESTITUTION
AND VICTIM COMPENSATION?
Victim restitution is a court - ordered obligation
of the offender.that is paid directly to his or her
vic_t . Victim compensation is a state program
that provides reimbursement for certain crime -
related expenses to violent crime victims much
sooner than restitution can usually be collected
from an offender.
For more information regarding compensation
or to ;request an application call the Crime
Victim Compensation Commission (CVCC) at
(808) 587 -1143 or visit www.hawaii.gov /cvcc.
Be sure to inform the prosecutor and victim
witness advocate that you have applied to
CVCC for .compensation.
WHAT TYPE OF FINANCIAL
LOSSES CAN VICTIM
RESTITUTION COVER?
With documentation from the victim, the
offender will often be required to pay restitu -"
tion for the following crime - related expenses:
Medical (ambulance, hospital, tests, sup-
plies, medication, etc.)
• Physical therapy
• Chiropractic
• Dental
• Prosthetics
• Dependent care or. independent living sup -
port
• Future expenses (long term medical care,
physical therapy, or mental health treatment,
etc.) -
'Replacement of eyeglasses, hearing aids, etc.
A. • Modifications to accommodate for
disabilities
Mental health
• Funeral (bu'rial, casket, cemetery plots,
funeral or memorial services, travel to secure
body, etc.) "
• Lost earnings.
• Property damage (not covered by insurance)
• Insurance deductible
• Replacement of locks and security devices"
This list is not exhaustive. If you have an out -
of- pocket expense that is related,to the crime,
r.
save all documentation of the expense and ..
speak to the prosecutor or victim witness advo-
cate about including the expense in your
request for restitution.
Depending on the offender's sentence, the State
of Hawai'i Judiciary, the Department of Public
Safety, or the Hawai'i Paroling Authority works'
to ensure that the offender fulfills all restitution
obligations.,
WHAT TYPE OF FINANCIAL
LOSSES DOES VICTIM ' -
RESTITUTION NOT COVER?
Restitution does NOT cover the following
expenses:
• Any expense or loss that is not a direct, result'
of the crime, or that cannot be verified.
• Any amounts for which the victim has been
reimbursed or compensated by other
sources, such as insurance, motor vehicle
insurance, worker's compensation, etc.
• The cost of time spent participating in the
criminal justice processes.
• Professional (i.e. legal or accounting) fees
incurred to determine losses and /or damages
resulting from the
crime.
Items recovered by
police or held as
evidence. / I \