Victims who are awarded restitution from convicted criminals will be the first in line to get paid, after legislation was signed by Gov. Gavin Newsom that puts restitution ahead of any other fines or court fees a defendant is ordered to pay.
The legislation, Assembly Bill 1213, is called the Restitution First Act. It was authored by Assemblymember Catherine Stefani, D-San Francisco, and was backed by San Francisco District Attorney Brooke Jenkins.
The bill passed both chambers of the California legislature unanimously. It prioritizes restitution to victims ahead of any liens, debts, judgements, fines or fees associated with a conviction.
“Victims of crime shouldn’t have to wait in line for restitution,” Stefani said in a statement. “This legislation guarantees that restitution takes priority over all other financial obligations, ensuring victims receive what they are owed,” she said.
By first directing money to victims, defendants can also complete their sentences more efficiently, according to Jenkins’ office, which solicited feedback from a working group of incarcerated men at San Quentin Rehabilitation Center, the San Quentin Civic Engagement Group.
The restitution-first approach allows victims to become financially whole again at a faster rate, plus it allows defendants to clear the restitution requirements of their sentence.
“Although nothing can undo the harm that victims have endured, restitution payments are essential to making them whole as they heal from the trauma they have endured,” Jenkins said in a statement.
Chance Andes, San Quentin Rehabilitation Center Warden, said the San Quentin Civic Engagement Group is designed to inform incarcerated people about their rights and give them a sense of responsibility.
“The group’s work on AB 1213… demonstrates how informed, constructive participation can influence policy for the better,” Andes said. “AB 1213 represents a collaborative approach between the prison community and the broader public, serving as a bridge that translates lived experience into policy.”