Restitution

SC Constitution Article I, Section 24 (A) (9) states

1. To preserve and protect victims’ rights to justice and due process regardless of race, sex, age, religion or economic status, victims of crime have the right to:

         (9) receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the
              victim’s loss or injury, including both adult and juvenile offenders

SCDPPPS is committed to ensuring this right is protected and enforced.  In 1999, the South Carolina General Assembly gave SCDPPPS the responsibility for collecting restitution from offenders and disbursing it to crime victims.  Since then we have returned millions to victims and their families.

Restitution is not enforceable if an offender is in jail or prison.  Once a payment schedule has been determined and the offender makes a payment, it may take up to 30 days to confirm payment and for the restitution check to be placed in the mail.  Note an administrative fee will be added to the restitution amount for the offender to pay.  If the offender does not pay, the Department may initiate process to bring the case to the Court or Parole Board for a violation hearing.  If the Judge or Board determines the offender is willfully failing to pay monies owed, supervision may be revoked, partially revoked or continued and/or the payment schedule may be altered.  If it is determined that the failure to pay is due to an inability, the payment schedule may be altered, converted to civil judgment or eliminated.  For probation cases, the judge may extend probation to no more than five years.  For crimes committed after December 31, 2010, a case may be converted to administrative monitoring.  For more information on administrative monitoring click here.

Click here for FAQs about restitution.