CALIFORNIA JUDGES BENCHGUIDES Benchguide 83

RESTITUTION

[REVISED 2014]

ABOUT CJER The California Center for Judiciary Education and Research (CJER), of the Administrative Office of the Courts (AOC), is responsible for developing and maintaining a comprehensive and quality educational program for the California judicial branch. Formed in 1973 as a joint enterprise of the Judicial Council and the California Judges Association, CJER supports the Chief Justice, the Judicial Council, and the courts by providing an extensive statewide educational program for judicial officers and court staff at both the trial and appellate levels. It includes orientation programs for new judicial officers, court clerks, and administrative officers; continuing education programs for judicial officers, court administrators, and managers; an annual statewide conference for judicial officers and court administrators; video and audiotapes; and judicial benchbooks, benchguides, and practice aids.

CJER GOVERNING COMMITTEE Ms. Pat S. Sweeten (Ret.) Hon. Robert L. Dondero, Chair Court Executive Officer Court of Appeal, San Francisco Superior Court of California, County of Alameda Hon. Theodore M. Weathers, Vice-Chair Hon. Arthur A. Wick Superior Court of California, County of San Diego Superior Court of California, County of Sonoma Hon. Kimberly A. Gaab Superior Court of California, County of Fresno Advisory Members Ms. Tammy L. Grimm Hon. Marla O. Anderson Court Executive Officer Superior Court of California, County of Monterey Superior Court of California, County of Inyo Judicial College Hon. Mary Thornton House Hon. Lisa B. Lench Superior Court of California, County of Los Angeles Superior Court of California, County of Los Angeles Hon. Mark A. Juhas California Judges Association Superior Court of California, County of Los Angeles Hon. Steven Jahr Hon. Rebecca S. Riley Administrative Director Superior Court of California, County of Ventura Administrative Office of the Courts Hon. Ronald B. Robie CJER PROJECT STAFF Court of Appeal, Sacramento Barry Harding Mr. Michael M. Roddy Senior Attorney, Judicial Education and Publications Court Executive Officer Amy Ashcroft Superior Court of California, County of San Diego Editor

RESTITUTION BENCHGUIDE CONSULTANTS Mr. Kyle Hedum Ms. Deborah Bain California Victim Compensation and Government Office of the Attorney General Claims Board Office of Victims’ Services Hon. Edward F. Lee Ms. Lydia Bodin Superior Court of California, County of Santa Clara Los Angeles County District Attorney’s Office Hon. Vernon K. Nakahara Mr. Steven Dippert Superior Court of California, County of Alameda Santa Clara County District Attorney’s Office Mr. Antonio R. Sarabia II, Attorney Ms. Joanne E. Evoy San Diego County District Attorney’s Office

Editorial comments and inquiries: Barry Harding, Senior Attorney 415-865-7745 © 2014 by Judicial Council of California/Administrative Office of the Courts Published April 2014; covers case law through 57 C4th, 221 CA4th, and all legislation to 1/1/2014.

CALIFORNIA JUDGES BENCHGUIDES Benchguide 83

RESTITUTION

I. [§83.1] SCOPE OF BENCHGUIDE II. PROCEDURAL CHECKLISTS A. [§83.2] Restitution Fines B. [§83.3] Victim Restitution III. APPLICABLE LAW A. Restitution Fine 1. [§83.4] Purpose of Fine 2. Major Statutory Requirements a. [§83.5] Restitution Fine (Pen C §1202.4) b. [§83.6] Revocation Restitution Fine (Pen C §1202.44) c. [§83.7] Parole Revocation Restitution Fine (Pen C §1202.45(a)) d. [§83.8] Postrelease Community Supervision Revocation and Mandatory Supervision Revocation Restitution Fines (Pen C §1202.45(b)) e. [§83.9] Juvenile Offenders (Welf & I C §730.6) f. [§83.10] Chart: Comparison of Restitution Fine Provisions for Adult and Juvenile Offenders (Pen C §§1202.4, 1202.44, 1202.45; Welf & I C §730.6) 3. Procedure at Time of Guilty Plea a. [§83.11] Advisement When Taking Plea b. [§83.12] Fine Amount Negotiable c. [§83.13] Silent Plea Bargain 4