It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts is a primary concern of the criminal justice system and the juvenile justice system.
(Code 1933, § 27-3001, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)
Editor's notes.- Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"
JUDICIAL DECISIONS
Written findings no longer required.
- Under O.C.G.A. § 17-14-1 et seq., written findings are no longer required when ordering an offender to make restitution; as a result, Garrett v. State, 175 Ga. App. 400, 333 S.E.2d 432 (1985), and its progeny, are disapproved to the extent those cases were authority for any cases involving restitution orders issued on or after July 1, 2005, the effective date of the Crime Victims Restitution Act of 2005, O.C.G.A. § 17-14-1 et seq. McCart v. State, 289 Ga. App. 830, 658 S.E.2d 465 (2008).
Restitution damages proper.
- Under preponderance of evidence standard, the trial court did not abuse the court's discretion in concluding that the defendant caused the $5,306.28 in damages to a stolen truck since the defendant was found in possession of the truck, and therefore the defendant was responsible for all damages that the truck incurred; as a result, the trial court properly ordered the defendant to pay a judgment of restitution in the amount of $5,306.28. McCart v. State, 289 Ga. App. 830, 658 S.E.2d 465 (2008).
Cited in Shelton v. State, 161 Ga. App. 524, 289 S.E.2d 768 (1982); Murphy v. State, 182 Ga. App. 791, 357 S.E.2d 147 (1987); Jackson v. State, 198 Ga. App. 261, 401 S.E.2d 289 (1990); Fuller v. State, 244 Ga. App. 618, 536 S.E.2d 296 (2000); In the Interest of D. D., 335 Ga. App. 676, 782 S.E.2d 728 (2016).
OPINIONS OF THE ATTORNEY GENERAL
Agreement to pay restitution exceeding victim's damages.
- Sentencing court may not require an offender to make restitution on those counts of a multi-count indictment which are dismissed pursuant to a negotiated plea agreement; however, if an offender voluntarily agrees to make restitution in a certain amount, even if such amount exceeds the victim's "damages," the sentencing court may incorporate that agreement into the court's restitution order. 1995 Op. Att'y Gen. No. 95-19.
Bail bondsman is entitled to restitution of the amount of the bond and costs upon the conviction of the accused of jumping bail pursuant to O.C.G.A. § 16-10-51. 1994 Op. Att'y Gen. No. U94-17.
RESEARCH REFERENCES
ALR.
- Mandatory victims restitution act - constitutional issues, 20 A.L.R. Fed. 2d 239.