Assist businesses in seeking and securing restitution. As appropriate, victim/witness program staff are required to assist victims in seeking and securing restitution by providing information about local pro- cedures and referrals to appropriate personnel. These responsibilities are in accordance with §19.2-11.01 A2c which requires that victims “…be advised that restitution is available for damages or loss resulting from an offense and shall be assisted in seeking restitution in accordance with §§ 19.2-305, 19.2-305.1 …”
Nothing in these statutes places a responsibility on victim/witness program staff to collect restitution. To the extent possible, program staff are encouraged to limit regular restitution services to the provision of information about local procedures and referrals to appropriate personnel. Compliance with the Crime Victim and Witness Rights Act requires that programs address a broad range of service objectives. Consequently, the allocation of staff time and resources cannot be unreasonably focused on a few services, such as restitution, to the detriment of other services.
- Explanation: help businesses determine the specific amounts of restitution owed in their particular cases.
- Monitoring: monitor the payments of court-ordered restitution. “Monitoring” restitution is the service of checking with third parties or the businesses themselves to ensure that restitution payments are being made in a timely fashion.
- Collection: collect and forward restitution payments.
- Enforcement: request, or assist the victim in requesting, a show cause summons when defendants are delinquent in their payments.