All states have laws mandating that courts consider requests for restitution. However, not all jurisdictions require that restitution orders be a mandatory part of defendants’ sentences. Generally, state courts will only consider the out-of-pocket costs or actual losses incurred by victims prior to the date of sentence. Future costs or expenses are generally not considered when determining the restitution amount. However, some jurisdictions will allow a court to make an assessment of continuing loss as victims may continue to incur more costs as they recover from the crime.

While states vary in what may be recovered in the form of restitution, generally, states will consider the following costs for restitution:

• Medical expenses;
• Mental health care;
• Rehabilitation;
• Loss of income; and/or
• Funeral expenses.

Some states permit child care expenses, temporary housing, transportation, and attorney fees to be included in a restitution order.

Most jurisdictions have a maximum amount that is allowed to be granted in restitution orders. Exceptions may be made in some states depending on the amount of medical expenses accrued and the underlying reasons for continuing care. Consult your agency’s state-specific supplemental guide for information on what expenses are covered in your jurisdiction and the maximum award amount allowed.