Restitution and Collections
- Fund Development works to develop internal and external methods for maintaining the Fund ’s financial stability. CICF does not receive tax dollars. Therefore, CICF must develop creative ways to maintain its ability to pay victims.
- CICF believes that working closely with the criminal justice system can help to increase the financial stability of the Fund. CICF coordinates on a case-by-case basis with the Clerk’s offices, Commonwealth’s Attorneys, Victim Witness Offices, and Probation and Parole to ensure quality communication and repayment to CICF. CICF provides training on an on-going basis to these offices and has developed programs such as “Tip of the Week” and the “Restitution Task Force” to increase collaboration throughout the system.
Unclaimed restitution is due November 1st of every year. Payments can be made by this date or throughout the year. Please include all victim information with your payments and indicate if it is unclaimed.
- Unclaimed Restitution WC 1 (PDF) | (Word)
- Unclaimed Restitution WC 2 (PDF) | (Word)
- Unclaimed Restitution & Repayment WC4 (PDF) | (Word)
Federal Victim for Crime Act grant: which is court fees, fines and restitution paid to the federal government by the responsible parties. This money is divided up and disseminated to the states for various programs including Compensation programs.
A victim of crime is entitled to request reimbursement from the guilty party for expenses directly related to the crime. This reimbursement is called restitution. A victim may request the criminal court to order the offender to pay restitution through their local Commonwealth’s Attorney’s office or Victim Witness office.
If restitution is ordered, payments will likely not begin before the guilty party is released from incarceration. Once the person has been released each court in each county has various ways in which the payments are collected and disbursed to victims. If you have questions about this please contact your local Victim Witness or Commonwealth’s Attorney’s office.
Under §19.2-368.15 of the Virginia Code, subrogates the Commonwealth “to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award was made.” Additionally, the Commonwealth has the right to recover from a RESPONSIBLE party funds paid to or on behalf of a crime victim.
If restitution is ordered to a victim of crime, that victim has the right to request the restitution be docketed as a civil judgment in his local Circuit Court. If restitution is paid in a case where CICF has made an award, CICF must be re-paid up to the amount of the award.
Once a person is convicted of any crime related to the incident, the debt is owed to the Commonwealth of Virginia and is separate from any criminal court proceedings. The victim’s right to seek civil redress under Code 8.01-243(B) is not affected by any sentence imposed by the court resulting from a criminal conviction…Accordingly, the Circuit Court’s restitution order does not preclude the Fund from seeking to set off any amounts paid by the Fund exceeding the restitution order. McFarland v. Criminal Injuries Compensation Fund, CV File No. 97-0970 (August 29, 2002). In 1981 the General Assembly enacted Sections 58-520 et. seq. which provide that the Virginia Department of Taxation may allow any refund due a taxpayer to apply against any indebtedness to the Commonwealth.
CICF has the right to collect debts to the Commonwealth.
Payment Plans: A payment plan, can be set up for an offender. To set up a payment plan contact the Fund Development Coordinator.
- Liens on state tax refunds If restitution is not ordered and the Fund has made an award, then CICF will attempt to reccuperate its payments by placing a lien on the defendant's tax refund. This can also occur if restitution is ordered in a lesser amount than what was awarded by CICF. If the offender files a joint return, the Virginia Department of Taxation will only deduct the offender's portion. The other signer is not affected by the lien.
- Attorney General’s Office:if a claim is over $3,000.00 the Collections Department at the Attorney General’s Office will assist in collections efforts.
- Garnishments: CICF has the right to garnish wages if regular payments are not being made on a debt.
- Show Cause: CICF has the right to contact the Commonwealth’s Attorney’s Office and ask for a show cause if regular payments are not being made. If a show cause is issued, the offender will return to court and may be ordered by the Judge to pay the restitution owed or to serve part or all of a suspended sentence.
- Suspension of Driving Privileges: When restitution has been ordered and not paid, the Clerks’ office has the right to suspend driving privileges until payments are made. To regain these privileges the debtor must pay a reinstatement fee.
Regularly, CICF reviews its internal procedures to assist as a source of cost savings.
The development teamevaluates each claim on its collectability potential and then develops a collections planon a case by case basis.
Collections procedures available to CICF are continuously reviewed to identify additional collections methods available to CICF and to restitution monitors.
CICF has the ability to utilize the Attorney General’s Office for collections on some cases.
CICF provide training to the criminal justice system increases collaboration with Judges and Commonwealth’s Attorneys, which in turn increases the amount of restitution being ordered to CICF.
CICF works closely with the Victim Witness Network in order to keep aboveast of legislative changes thereby increasing collections and improving services to victims.
CICF has completed a restitution study with all clerk’s offices in Virginia. This study identifies the office responsible for monitoring restitution in every court in every county and city in Virginia. This information has led CICF to developing task forces with these experts to look at restitution and collections across the Commonwealth.