Restitution > Victim Restitution

Restitution can only be ordered by the court and requires a conviction. If you already have a case before the court, then the Victims' Services Unit of the prosecuting agency can assist with restitution information and questions.

3. What are the types of losses that are not allowable as restitution?

Punitive damages (sums above that are not allowable as restitution)
Pain & suffering
Consequential losses

4. When is restitution ordered?

Typically, restitution is ordered at the time of sentencing or at a separate restitution hearing.

5. How are restitution payments made and distributed?

It depends on the sentence. For defendants sentenced to prison or other correctional institutions, a percentage of the defendant's inmate banking account will be taken for restitution purposed, per A.R.S. § 31-230. For defendants sentenced to probation, the judge will typically order the defendant to make monthly payments.

6. What if my case isn't going anywhere?

Unfortunately, restitution can only be ordered if a suspect is apprehended and convicted.

Some potential other sources of assistance for victims may be seeking victims' compensation or civil action. For more information on victims' compensation, please contact your county victims' services programs or probation officer. For more information on civil remedies, please contact a victims' rights attorney.

COUNTY RESOURCES

7. What is victim compensation and how is it different from restitution?

Restitution is payment of monies from the defendant in a criminal case to the victim to pay back losses incurred as a result of the crime. Victim compensation is money paid to the victim to cover certain crime-related expenses through a statewide program funded by fines and fees, not taxpayer money. Victims must apply for compensation, and the program does not require that a suspect be identified or charged.

8. What is a Criminal Restitution Order (CRO)?

A CRO is a financial judgment that is created by the court on all post probation, post prison and probation absconders that have remaining financial sanctions. A CRO is a type of restitution lien, but does not require the victim's information to be open to the public. It may also be created at the time that restitution is ordered. CROs are discussed in victim restitution laws. In addition to the remaining court-ordered financial sanction (principal), a CRO accrues interest at a rate of 10% per annum from the date the CRO was signed, unless otherwise stated on the document.

RESTITUTION LAWS

9. What is a Restitution Lien?

A restitution lien is a document that protects a victim's interests in property in the defendant's name, which includes personal property, real estate, mobile homes, vehicles, boats, all-terrain vehicles, etc., within the State of Arizona. A restitution lien may be filed by the victim who is entitled to restitution, after restitution is determined and ordered by the court. Restitution liens are further discussed in the criminal code in victim restitution laws. A CRO is a type of restitution lien.

If the court has already issued a CRO then it is not necessary to obtain a restitution lien on your own. The CRO can act the same as a restituion lien to protect the victim's interests and information.

RESTITUTION LAWS

10. What is a Pre-Conviction Lien?

A pre-conviction restitution lien is the same as a restitution lien except that it must be requested from the court by a prosecutor or victim after the filing of a misdemeanor complaint, felony information, or indictment even before a defendant is convicted. Having the lien before conviction preserves the property covered by the lien and may prevent the defendant from disposing of or transferring assets. The court must release a pre-conviction restitution lien if the defendant is acquitted or the state does not proceed with the prosecution (dismissed the case).

11. How can Restitution Liens and CROs be used?

To present transfer of ownership on current and future real property titled in the defender's name.
To prevent the sale or refinance of current or future real property titled in the defendant's name.
To prevent the sale of some personal property as outlined by the Secretary of State.
To intercept AZ State Tax Refunds and lottery winnings of the defendants.

Depending on the county where the CRO is filed, the CRO may automatically be recorded with the appropriate entities, or you may need to take steps to record it yourelf.

Pursuant to A.R.S. § 13-806, CROs do not expire until paid in full and are not dischargeable in bankruptcy.

12. How can I get a CRO or a Restitution Lien filed?

The court may file a CRO at the time the restitution is ordered and/or a the end of the probation and/or prison sentence. In some cases, a restitution lien could be filed prior to conviction. A victim may file for a restitution lien as soon as restitution is ordered. Contacting the Victims' Services Department where your case was heard may help with determining who files the orders in that court. A.R.S. § 13-806 allows the victims to file restitution liens on their own.

FORMS AND INSTRUCTIONS

13. Where can I find a copy of the CRO?

A CRO may be a recorded public document and it is recommended that you contact the county recorder's office in the county where the case is heard. You may also want to contact the clerk of the court for a copy of the court documents.

14. As a victim, how can I update my address with the court?

You will need to contact the clerk of the court where the case is filed.

15. What if the defendant doesn't live in the county or state where the case is filed, or the defendant has property in another county or state?

As long as you have a certified copy of the CRO or lien, it can be recorded in other counties within Arizona. The MVD title and registration hold is for the State of Arizona.

16. Is the court ordered restitution still due if the victim has died?

Yes, the restitution is still due. If the money is unclaimed then it would be sent to the State of Arizona as unclaimed property (see previous question).

17. If the original victim has died, how can I change who and where the money is sent?

You will need to contact the court and/or the clerk of the court where the case was heard. It will require a court order to change the victim information.

18. If the defendant has died, is the restitution still due?

Yes, the balance is still due. A victim, who is owed restitution by a defendant who has died, may seek to file a claim against the defendant's estate.

19. What if the defendant is a juvenile?

Juvenile cases are handled differently. You will need to contact the juvenile court where your case was heard.

20. What if the defendant is in prison?

If the defendant is in the Arizona Department of Corrections (ADC) for the crime committed against you, then the court can order the ADC to intercept a portion of deposits made into their inmate account. If the defendant is in ADC on a crime not related to you, then the ADC has no authority or jurisdiction to intercept money on your behalf.

21. What can I do if court ordered restitution payments are not being made?

You can ask for a Show Cause Hearing so that the defendant will be required to show cause as to why payments are not being made. If the defendant is on probation for your case then you should start by contacting the probation officer handling the case. You may also contact the prosecuting office, the court, or you can file the motion on your own. Please see A.R.S. § 13-810(C) for more information.

FORMS AND INSTRUCTIONS

22. How can I find out if restitution payments have been made?

The clerk of the court receipts, allocates, and distributes the money that is collected. You should contact the clerk of the court where your case was heard.

23. If restitution payments have been made but I never received them, where did the money go?

After two years, the clerk of the court must send the unclaimed money to the State of Arizona.

SEARCH UNCLAIMED PROPERTY