A victim may be reimbursed for damages or losses suffered as a result of a crime the defendant committed. Restitution is an order of the court which instructs the defendant to compensate the victim. If a defendant is sentenced to prison, the Department of Corrections may require payment of restitution as a condition of post release supervision. To assist the court in determining the amount of restitution, keep any receipts, bills, or estimates regarding the loss. Promptly complete and return the restitution statement to the County Attorney’s Office.
If a defendant is ordered to pay restitution, the payments will be sent to the Clerk of the District Court. The Clerk of the District Court will then distribute the funds as they receive them.
Nonpayment of restitution alone is not a reason to revoke a defendant’s probation if the defendant is found unable to pay. The defendant must make a good faith effort to pay.
A victim can obtain a civil judgment against a defendant pursuant to K.S.A. 60-4301, by obtaining a certified copy of the Journal Entry of Sentencing and the Order to Pay Restitution and filing them with the Clerk of the District Court.