The Restitution Unit is committed to helping each and every victim recoup their financial loss associated with the crime committed against them. Our mission is to gather information from victims so the prosecuting attorney can request an order for restitution from the court. Restitution coordinators assist in the collection and distribution of restitution for victims of criminal conduct. The unit also assists in enforcing the financial obligation of defendants to pay in a timely manner to make victims financially whole.
What is restitution?
Restitution is the recovery of an economic loss suffered as the result of the commission of a crime. Some examples include:
- Medical expenses
- Counseling expenses
- Property Damage/Loss
- Loss of Wages
Who can request restitution?
Restitution is requested by people, businesses or entities for losses that would have not been incurred but for the criminal conduct.
How do I seek restitution?
In order to seek restitution, we need documentation of bills, receipts, statements or letters from a boss regarding lost wages or any type of document that can substantiate the loss(es) incurred.
Submit your documentation to the Ada County Prosecutor’s Office Restitution Unit by emailing Restitution.
What are your legal rights?
Idaho law provides that restitution shall be ordered in every case where a person is convicted of a crime involving a victim who suffered a loss. “Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order a defendant found guilty of any crime which results in an economic loss to the victim to make restitution to the victim.” (Idaho Code 19-5304(2)).
If the offender is a juvenile, the parent is presumed to be jointly and severally liable for the restitution owed (Idaho Code 20-520(3)). This liability is not subject to the limitations outlined in Idaho Code 6-210.
Criminal Restitution is a permanent order that does not expire and is not dischargeable through bankruptcy (See generally Kelly v. Robinson, 479 U.S. 36 (1986)). The Restitution Department of the Ada County Prosecutor’s Office will pursue collection through the criminal courts. However, for a variety of reasons, such as the length of the sentence and ability to pay, the full amount may or may not be collected through the criminal process.
Any payment obtained through your independent efforts to execute on the civil judgement should be reported to the Restitution Department or to the Juvenile Financial Division, so that the respective Restitution Records may be kept current.
Enforcement of Judgments
A criminal or juvenile Order for Restitution is enforceable as a civil judgment (Idaho Code 19-5305). The law establishes procedures for the enforcement of civil judgments. More detail is available along with the statutory obligations in Idaho Code 11-101 to 11-609 and Idaho Rules of Civil Procedure, Rule 69.
Enforcing Your Order
The first step in enforcing a criminal restitution order is to obtain a certified copy of the Order for Restitution and Judgment, which can be obtained from the criminal/juvenile court that entered the order. There is a fee for the certified copy. The Ada County Clerk can be reached at 208-287-6900.
The official signed and certified document can be filed with the County Recorder. There is a recording fee. You or a representative may record the judgment 42 days after the entry of the Order (Idaho Code19-5305(1)).
Recording the Order for Restitution converts it to a civil judgment, which is a debt you can then seek to collect. The lien resulting from recording the judgment continues until twenty (20) years from the date of the judgment (See Idaho Code 11-101). You will need to seek private legal advice regarding the procedures that allow execution on a civil judgment, including renewal of the civil judgment to extend the lien five (5) more years if any part of the debt remains unpaid (See Idaho Code 11-1110 and 10-1111). These efforts may include liens, wage, garnishment and/or writs of execution. Please consult with your attorney about which collection method may be the best for you.
DISCLAIMER: The information contained on this page is not legal advice and is intended for informational purposes only. Consult an attorney to get complete, accurate, and current legal advice.
What’s the difference between Crime Victim Compensation & Restitution?
Crime Victim Compensation (CVC)
- Grant funded reimbursement program. Application process to decide eligibility.
- Covers medical bills, counseling costs and victim’s lost wages (if any) associated with the crime. Billing must first go through any insurance, if applicable, and the remainder can be covered by CVC.
- Once you are found eligible, benefits are lifelong, up to the allotted maximum amount of $25,000.
- Can reimburse you directly for bills you have already paid and/or pay outstanding balances to medical providers on your behalf.
- Once eligibility is decided, reimbursement can begin once medical records/billing information is received.
- If you are found eligible; reimbursement can be made even if there is no criminal prosecution.
Restitution
- Reimbursement from the defendant that is ordered by the court.
- Can cover medical bills, counseling costs, cost of damaged property and lost wages.
- The Court has the ability to modify restitution at the judge’s discretion.
- All payments go through the clerk’s office; can reimburse you directly for costs you have paid; can reimburse providers with outstanding balances, and can reimburse CVC for any payment they have made on your behalf.
- If restitution is ordered, typically the defendant is placed on a payment plan to reimburse all entities listed on the restitution order. Payments are then split and a percentage goes to each party. The amount defendants are required to pay at one time cannot impede their ability to afford their basic necessities (housing, food, etc.) and therefore can take a long time for reimbursement to be completed.