Restitution - Ten Percent Rebate Program
Through the Ten Percent Rebate Program, the CalVCB provides counties with a 10 percent rebate on restitution fines remitted to the Fund within 45 days of the end of the month in which the funds are collected. (Government Code §13963)
Important Points to Remember
- If the county has submitted the fine money within the appropriate time frame, the county is sent a 10% rebate from the CalVCB. This money must be used towards funding restitution collection efforts pursuant to Government Code §13963(f).
- The county may charge up to a 10% administration fee to the offender for all restitution money collected for fines (Penal Code §1202.4(l)). This money goes back to the county's general fund.
- The county may charge up to a 15% administration fee to the offender for all restitution money collected for orders (Penal Code §1203.1(l)). This money goes back to the county's general fund if it is collected by the county. If it is collected by court, then it should be paid to the Trial Court Operations Fund or an account established following Government Code §77009 for use and benefit to the court.
- When the location of a victim is unknown or there is some other cause for restitution money to remain unclaimed, the county may keep that money or return it to the Restitution Fund once that money has gone unclaimed for at least three years and proper notification processes have been followed (Government Code §50050 - 50053). The three-year timeline is extended for infants and persons of unsound mind until one year after their disability ceases.
Restitution Law References
- Penal Code §1203.1(j) – The court has broad discretion in awarding restitution as a condition of probation.
- In re I.M. (2005) 125 Cal.App.4th1105 PC32 & People v Ozkan (2004) 124 Cal App. 4th 1072 PC 32 – Loss may be “reasonably related”
- People v Lent (1975) 15 Cal. 3d 481 – Restitution on Acquitted counts OK under 1203.1(j)
- People v O’Neal (2004) 122 Cal. App. 4th 817 – Victim’s immediate surviving family may be ordered restitution
- In re Imran Q (2007) 158 Cal. App. 4th 1316 – Restitution may include reasonable attorney fees
- People v Giordano (2007) 42 Cal. 4th 644 – Restitution may cover the loss of economic support
- People v Campbell (1994) 21 Cal. App. 4th 825 & Penal Code §1203.1(k) – The court may consider hearsay or other documentary evidence for the purpose of setting restitution
- People v Foster (1993) 14 Cal. App. 4th 939 (See Ev Code 813 “Opinion Testimony – Property Evaluation”, owner’s opinion is good enough) – A victim’s uncorroborated statement of the original cost of the damaged/stolen item is prima facie evidence of the value of that item for the purposes of restitution