Through their partnership, Assemblymember Stefani and DA Jenkins work to ensure victims remain at the front and center of our criminal justice system.
San Francisco, CA – Today, Assemblymember Catherine Stefani introduced AB 1213, the Restitution First Act, to prioritize restitution payments to victims of crime ahead of any other orders, judgments, liens or other debt owed by a person convicted of a crime associated with their conviction. Consistent with Marsy’s Rights guaranteed by the State of California’s Constitution, the Restitution First Act will ensure that victims of crime are made whole financially by those convicted of the crimes that caused the losses. Under current law convicted individuals are required to pay multiple fines and fees as well as other debts, sometimes ahead of paying restitution to the victims of their crimes. The Restitution First Act will ensure that victims are paid first, carrying out our Constitution’s command.
“Victims of crime shouldn’t have to wait in line for restitution,” said Assemblymember Catherine Stefani. “This legislation guarantees that restitution takes priority over all other financial obligations, ensuring victims receive what they are owed. Today’s introduction builds on my work as the creator of the Office of Victims and Witness Rights, reinforcing our commitment to putting survivors first and ensuring they receive the justice and support they deserve.”
“Receiving restitution is an essential component to victims of crime being made whole after a crime is committed,” said District Attorney Brooke Jenkins. “Victims of crime should be the priority before any other government fine or fee or debt is paid by the offender. I would like to thank Assemblymember Stefani for her partnership and introducing the Restitution First Act which will ensure that victims of crime are at the center of our criminal justice system. I would also like to thank the incarcerated men who brought this issue to our attention as they seek to make amends for their crimes and reenter the community on the right foot. They have emphasized that the victims should be prioritized, and I urge legislators to pass this bill.”
“Ensuring victims of crime are paid restitution is a constitutional right, we should have a ‘victim first’ policy for any mandated payments made by convicted people,” said Bev Upton, Executive Director, San Francisco Domestic Violence Consortium. “Restitution can be the first step toward a survivor’s wholeness and healing.”
“The California Constitution entitles the victim of a crime to restitution,” said Melissa Donaldson, President, California Crime Victims Advocacy Association. “Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim but many times that does not come to fruition. This legislation ensures victims come FIRST and any other obligations defendants have incurred due to their criminal behavior such as fines and fees would then come after a victim of crime is made whole. Victims should always come first in our judicial system and especially in restitution owed.”
Through work with incarcerated men at San Quentin Rehabilitation Center’s Civic Engagement Group, this proposal was identified as a critical gap in services for victims of crime. While restitution cannot undo the harm a victim suffered, it is an important step in ensuring that the victim is made whole and their constitutional rights are honored. The incarcerated men identified this issue as a top legislative priority for them because of its direct impact on victims of crime and on their ability to successfully reenter the community. Ensuring timely restitution payments benefits victims of crime and is a smart, common-sense, prison reform that improves community re-entry opportunities for incarcerated people. Paying restitution is not optional; it is mandated and part of the court-imposed sentence people convicted of a crime must complete to successfully move past their crime and reenter the community.
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