| Policy Statement 4 |
Ensure that victims receive the restitution they are owed. |
| Recommendation D |
Assist crime victims who wish to pursue civil remedies for the payment of restitution. |
When a person completes his or her sentence without paying restitution in full, victims are often left without recourse to pursue its collection. At the same time, crime victims usually lack sufficient resources and familiarity with the justice system to navigate complex civil courts.
To provide crime victims with an additional remedy to obtain restitution in cases where an individual completes his or her penal sanctions without meeting his or her restitution obligations, policymakers should enable judges to enter a civil judgment for restitution.
Sentencing Statute, Washington State
Washington State's sentencing statute (Rev. Code 9.94A.760) entitles the party to whom a financial obligation is owed the authority to pursue that financial obligation in civil court.
Given the complexity of the legal system, agencies responsible for collections should ensure that technical assistance is available to victims seeking restitution claims in civil court, and pursue restitution on their behalf, whenever possible. Judges should also use their discretion to make restitution an automatic civil judgment.
Restitution Statutes, Colorado
Colorado's statutes (Col. Rev. Stats. 16-18.5-103(4) (a), 16-18.5-107(1), and 16-11-101.6(2)) make restitution an automatic civil judgment that is enforceable until it is paid in full (rather than only while an individual who owes restitution is under criminal justice supervision). The statutes also enable collections investigators to assist victims in pursuing restitution and allocates funds to the judiciary and the Department of Corrections to collect restitution on behalf of victims.