Restitution is payment from the defendant to the victim for any out-of-pocket losses or expenses caused by the defendant’s wrongful acts. The court has the authority to order convicted offenders to pay restitution to the victim as part of their sentence.
How is restitution determined?
Restitution is determined by the judge in a criminal case and is based on out-of-pocket losses or expenses as requested by the victim. The victim must complete, sign and return an Affidavit for Restitution along with any supporting documentation of the claim to the Victim Services Coordinator.
Types of expenses that may be covered by restitution:
- Costs to repair or replace stolen or damaged property directly related to the crime
- Medical or dental expenses
- Counseling costs
- Insurance deductible in auto accidents
Types of expenses NOT covered by restitution:
- Physical pain/suffering
- Emotional trauma
Victims seeking financial compensation for expenses that are NOT covered by restitution may wish to hire an attorney to pursue a personal injury claim in civil court.
After restitution is ordered
Typically, a defendant will be ordered to pay restitution according to a payment schedule they establish with the Court Administrators office or the Probation Department.
Any restitution that the defendant is ordered to pay will be paid directly to the Court Administrator’s office, not to the victim. The Court Administrator will then distribute those funds to the victim. If the victim has a change of address, it is important to notify the St. Louis County Court Administrators office by calling (218) 726-2323 so they have an updated address on file and know where to send restitution payments.
The Minnesota Crime Victims Reparations Board helps victims and their families ease the financial burden they face as a result of a violent crime. The board provides financial assistance to reimburse victims for their out-of-pocket losses suffered as a direct result of the crime.
Types of crimes covered:
- Domestic Assault
- Driving under the influence
- Criminal Vehicular Operation
- Sexual Assault
- Child Abuse
Property crimes are NOT covered.
- Crime must have occurred in Minnesota, or in a foreign country without a compensation program
- Crime must have been reported to the police within 30 days
- Claim must be filed within 3 years of the crime
- Victim must cooperate fully with police investigation and city or county attorney in prosecution
- Victim must not have committed a crime or contributed to the incident through their own misconduct
- All available collateral sources must be used first, including health insurance, Medical Assistance, auto insurance, short/long term disability, and/or social security benefits
Applying for Reparations:
Victims can request an application form by calling the Reparations office or download an application from their website. Completed applications should be mailed, emailed or faxed to:
Minnesota Crime Victims Reparations Board
445 Minnesota Street, Suite 2300
St. Paul, MN 55101-1515
Telephone: (651) 201-7300 or 1-888-622-8799