Restitution Brochurepub by mmcsx

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									   QUESTIONS AND ANSWERS                           CONTACT INFORMATION
                                                                                 VICTIM ASSISTANCE
How long does the defendant have to pay             District Attorney’s Office       PROGRAM
restitution?                                       Victim Assistance Program
The defendant is expected to pay all                    708 Main Street
restitution, fines and fees in full 60-90 days
                                                      Oregon City, Oregon
before the termination of probation. If this
does not occur, the assigned probation officer
                                                       24 Hour Crisis Line
or sentencing judge can take action against the
defendant by requesting a probation violation           (503) 655-8616
hearing.


I have not received restitution in full and the
                                                      Clackamas County           A Victim’s Guide to
                                                    Community Corrections
defendant is no longer being supervised.
How do I get the money?                               1024 Main Street             RESTITUTION
It is possible that the outstanding restitution     Oregon City, OR 97045
has been turned over to the Oregon
Department of Revenue for collection. They             Probation Officers         24 HOUR CRISIS LINE
will pursue collecting the outstanding                  (503) 655-8603
restitution for one year. After that time, the                                       503-655-8616
case is turned over to a private collection
agency.
                                                        Post-Conviction
                                                        Victim Services
                                                        (503) 655-8776
How are payments sent to me?
The defendant makes payments through
Clackamas County Circuit Court and the court
then forwards payment to you. This allows the
                                                      Clackamas County
court to keep your contact information                    Circuit Court
confidential as well as track payment activity.     Accounting Department
Each payment that is received by the court is       Restitution questions &            John S. Foote
split into two parts; half is applied toward       Change of Mailing Address
restitution and the other half is applied toward        (503) 655-8453                 District Attorney
court fines and fees.
                                                                                       Clackamas County
In a criminal trial a judge may order an            What if I cannot get all of my documentation to-          Who monitors the restitution payments?
  offender to pay restitution (a sum of             gether in time?
money to help cover the cost of the dam-                                                                      Restitution is considered a condition of
 age the offender caused) to the people             If you are unable to meet the specified deadline,         probation    or    post-prison supervision.
                                                    you must contact the DA’s Office to request addi-         Restitution payments are not monitored or
           they have harmed.
                                                    tional time. If we have provided additional time to       enforced by the Clackamas County District
                                                    you, and restitution figures are unavailable at the       Attorney’s Office.
What is restitution?                                time of sentencing, the Deputy District Attorney
Restitution is reimbursement paid to the            may ask the court for additional time to document         If the defendant is on bench probation,
victim by the defendant for losses incurred         losses. If restitution documentation has not been         restitution payments are monitored by the
directly as a result of the crime. Restitution      received by the given deadline, the judge also has        sentencing judge. Judges can be contacted by
may include property damage or loss, medical        discretion to dismiss any requests for restitution.       writing to Clackamas County Circuit Court at
expenses or wages lost due to personal injury.                                                                the address listed on the back of this
                                                                                                              brochure. If the defendant is on formal
Restitution can only be obtained if the             My bank or insurance company covered some or              probation     or   post-prison   supervision,
defendant has been convicted. Restitution is        all loss for me. How do payments work then?               restitution payments are monitored by the
ordered as part of the sentence imposed upon                                                                  defendant’s probation officer at Clackamas
the defendant by the judge. The defendant           Your bank or insurance company will likely want to        County Community Corrections (503-655-
has the entire period of probation or post-         request restitution, even if you yourself have no         8603).
prison supervision to pay the restitution           loss. In the event they are also awarded restitu-
ordered.                                            tion, your loss will be paid in full before the bank      What if I am not receiving payments?
                                                    or insurance company begins to receive payment
                                                    for their loss.                                           If after 60 days from sentencing you have not
How do I request restitution?                                                                                 received restitution payments, contact the
In order to request restitution, you must                                                                     supervising judge or probation officer. Please
submit documentation of loss to verify that         How is restitution ordered?                               include the name of the defendant and court
you have suffered a financial loss as a result of                                                             case number when addressing concerns.
the crime. Without documentation, the DA’s          Once your request is received and complete, the           include the name of the defendant and court
Office will be unable to successfully present       documentation is provided to the defense attor-           case number when addressing concerns.
your request to the judge.                          ney. The defense may agree to the amount or ob-
                                                    ject to it. If the defense objects, a restitution hear-      VICTIM RESOURCES
                                                    ing will be set and you will receive a subpoena to
How long do I have to submit my request for                                                                      Crime Victims’ Services Division
                                                    appear in front of the judge to testify regarding
restitution?                                        your losses. If the defense agrees to restitution or         http://www.doj.state.or.us/victims/
The District Attorney’s Office has enclosed a       the judge finds in your favor at the restitution              compensation.shtml
restitution form to assist you in listing your      hearing, the defendant is required to pay back               Oregon Department of Justice
losses. The enclosed letter identifies the          your losses through the Clerk of the Court.                  http://www.doj.state.or.us/crimev/
deadline to submit your request.                                                                                  comp.shtml

								
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