Restitution is payment of money damages to a crime victim for medical or other expenses incurred as a result of a criminal act. Restitution is paid by the defendant through monthly installments to the court. It is determined after the defendant is found guilty. During sentencing, restitution can be made part of the defendant’s probation. It is the court’s decision how much, if any, restitution is ordered. The court collects the funds and issues the restitution payment to the victim. There is a time delay from when the court receives the funds and the time when the payments are issued. Our office can provide additional information about filing a restitution claim or attending a restitution hearing. The court can provide information as to the status of payments and when they will be disbursed.
Filing a claim for restitution does not impair a victim’s right to sue or recover damages from the defendant in a civil case or from applying for crime victims’ compensation. Restitution claims can include insurance deductibles and anything that was not covered by the insurance company.
Restitution is separate from a civil claim and a victim may seek both restitution and a civil judgment. Restitution is limited to economic damages measured by actual expenses. "Pain and suffering" cannot be requested as restitution.
Crime Victims’ Compensation Program
If you have been a victim of crime in Oregon, the Crime Victims’ Compensation Program may be able to help you. To be eligible for compensation you must:
- Apply for compensation within six months of the crime (this may be waived with good cause)
- Be a victim of a crime that occurred in Oregon or an Oregon resident victimized in a state without a victim compensation program
- Cooperate fully to apprehend and prosecute the assailant
- Not have been involved in a wrongful act and/or not have provoked the assailant
- Report the crime to the Police Department or sheriff within 72 hours of the crime (this may be waived with good cause
Applying for Victims’ Compensation
Applications for Crime Victims’ Compensation may be obtained through the City Attorney’s Office at 503-526-2215 or by contacting the Oregon Department of Justice Crime Victim and Survivor Services at 503-378-5348. The application can also be downloaded from the Oregon Department of Justice website.