Restitution imposed as part of a criminal sentence has become a core component of criminal punishment. Both the manner in which courts impose restitution and the implications of failing to pay criminal restitution illustrate restitution’s increasingly punitive character.

Restitution holds offenders partially or fully accountable for the financial losses suffered by the victims of their crimes. Restitution is typically ordered in both juvenile and criminal courts to compensate victims for out-of-pocket expenses that are the direct result of a crime. Most often, it is ordered in cases of property crime such as a home burglary involving stolen or damaged property or the theft of goods from a retail store. It may also be applied to reimburse victims of violent crime for current and future expenses related to their physical and mental health recovery and to make up for loss of support for survivors of homicide victims. Other types of cases in which restitution is commonly ordered are theft of services (e.g. cab or restaurant bills), fraud, forgery, and violation of vehicle and traffic laws. Restitution is not a punishment or an alternative to fines, sanctions, or interventions with the offender. It is a debt owed to the victim. Recently, judges have also begun to order “community restitution,” in which convicted or adjudicated  offenders “pay back” the community through service.

Victims suffer staggering economic costs as a result of crime. The tangible cost of crime, including medical expenses, lost earnings, and public victim assistance costs, is an estimated $105 billion a year. Crime victim compensation programs reimburse victims for part of this loss. During fiscal year 1998, state compensation programs paid close to $250 million to victims of violent crime.2 However, most of the costs of crime are absorbed by the victims and victim service providers.
Restitution laws are designed to shift the burden. As one legislature noted, “It is the purpose of [restitution law] to encourage the compensation of victims by the person most responsible for the loss incurred by the victim, the offender.”

Restitution is a sum of money you are ordered to pay to compensate the victim of your crime for their loss or injury. When you commit a crime, you not only harm the victim but the community as well. You have an obligation to repair the harm created by your actions.
One way to repair the harm is to pay back your victim for any out of pocket financial losses they suffered
because of your behavior. These financial losses may include property loss, medical bills, home and car
repairs, insurance deductibles, etc. Paying restitution is a way of taking responsibility for your actions and trying to make things right.

“Restitution” is defined as the payment made by a convicted criminal offender to a crime victim to pay for the victim’s losses due to the crime.

Every state has established a procedure for crime victims to request and receive restitution payments. Legally speaking, however, restitution is not quite the same thing as “compensation.”

From 2014 to 2016, federal judges ordered criminal defendants to pay approximately $33.9 billion in restitution to their victims, yet only around $2.95 billion was collected. For those doing the math at home, that is approximately a nine percent collection rate. And many states are not faring much better in their ability to collect restitution.

A sentence is an official punishment handed down by a judge to someone who has been convicted of a crime. Not all sentences involve prison time. Defendants can also be sentenced to probation and ordered to pay a fine. Many times, defendants will get sentenced to a little (or a lot) of all of the above: They serve time in prison, have to report to a probation officer after they get out, and must pay money to the government (fines) and to their victims (restitution).

If the defendant is convicted in a criminal case, the judge will set a date for sentencing. Before that time, a pre-sentence investigation will take place to help the judge determine the appropriate sentence from the range of possible sentences set out in the statutes. The pre-sentence investigation may consider the defendant's prior criminal record, family situation, health, work record, and any other relevant factor.

If you are found guilty or plead guilty, you will get your punishment from the judge. This is called sentencing. For violations and minor misdemeanor cases you may be sentenced right away. Where the possibility of prison time exists, you will most likely get a date a few weeks away for a sentencing hearing.

State Specific - NY - The criminal justice process is complex, and often can be confusing to persons not familiar with criminal law.  This arrest-to-sentence guide and legal glossary are designed to explain and clarify the criminal justice process in New York County.