California Prop 9: Victim Rights, Restitution, and Parole

California’s Proposition 9, the Victims’ Bill of Rights Act of 2008 known as Marsy’s Law, wrote a list of enforceable rights for crime victims into Article I, Section 28 of the California Constitution. Voters approved it in November 2008, and it applies to victims of both felonies and misdemeanors. If you were harmed by a crime in California, or you are the family member of someone who was, Prop 9 gives you a voice at every stage of the case and a way to enforce that voice in court.

The Rights You Have Under Prop 9

The rights below sit in the state constitution, which means the legislature cannot quietly trim them and a judge cannot simply set them aside. Law enforcement agencies and prosecutors are required to inform victims of these rights, and many hand out a “Marsy’s Law card” that summarizes them.¹

Fair and respectful treatment, free from intimidation and harassment. Your safety and your family’s safety must be considered when a judge sets bail or release conditions.
Reasonable notice of all public proceedings, including bail hearings, pleas, sentencing, and parole hearings, and the right to attend and be heard.
The right to confer with the prosecutor about charges, plea deals, and any pretrial resolution.
Privacy protections that prevent disclosure of information someone could use to locate or harass you or your family.
The right to refuse an interview, deposition, or discovery request from the defense, or to place reasonable conditions on any interview you agree to.
Full restitution from the convicted offender for your economic losses.
A prompt conclusion of the case and the return of your personal property once it is no longer needed as evidence.

Who Counts as a Victim

Prop 9 defines “victim” broadly. It covers anyone who suffers direct or threatened physical, psychological, or financial harm from a crime. It also extends to immediate family, including a spouse, parent, child, sibling, or legal guardian, particularly when the direct victim has died, is a minor, or is physically or psychologically unable to exercise their own rights. In those situations a lawful representative can assert the rights on the victim’s behalf.²

Some people are excluded: anyone in custody for a criminal offense, the person accused of the crime, and anyone a court determines would not act in a minor victim’s best interest.

Restitution: What You Can Recover and How You Get Paid

Restitution is the piece of Prop 9 with the biggest financial impact for most victims. The constitution now says restitution “shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.”³ That language is intentionally absolute. A judge cannot waive restitution because the offender is going to prison or because the amount is large.

Penal Code Section 1202.4 lists what restitution covers:

Replacement cost of stolen or damaged property, or repair costs when repair is possible
Medical expenses and mental health counseling
Lost wages and profits, including commission income
Reasonable attorney’s fees and collection costs
Interest at 10 percent per year from the date of sentencing or loss

For certain sex crimes against children, courts can also order restitution for noneconomic harm such as psychological trauma.⁴

Prop 9 also sets the payment order. Money collected from an offender goes to victim restitution first, ahead of other fines and government obligations.³ For offenders in state prison, the California Department of Corrections and Rehabilitation garnishes 50 percent of the inmate’s trust account each month toward restitution and other court-ordered obligations. To receive those payments you must register with CDCR’s Office of Victim and Survivor Rights and Services and submit a Form 1707.⁵ For offenders supervised at the county level, collection methods vary; your local District Attorney’s Victim Witness Assistance Center can explain how it works in your county.

Parole Hearings and Staying Informed

Prop 9 rewrote how often California considers parole for life-term inmates. Under the amended Penal Code Section 3041.5, the default deferral after a parole denial is 15 years. The board can set a shorter interval, but only after making specific findings:

10 years if the board finds by clear and convincing evidence that public and victim safety does not require more than 10 additional years of incarceration.
7 years on a similar finding for seven additional years.
3 or 5 years when the board determines that a shorter period of continued incarceration is enough to protect public and victim safety.⁶

More people are now permitted to attend parole hearings and testify on behalf of victims, and the board must consider the victim’s views and safety interests when scheduling the next hearing.¹

To keep track of an offender’s custody status between hearings, use VINE (Victim Information and Notification Everyday), a free and anonymous service. You can check status by phone or online and register for automatic alerts when the offender is released, transferred, escapes, or is placed on work release or home incarceration. Register through the VINE hotline at 877-331-8463 or at vinelink.com.

How to Enforce Your Rights

Your rights are enforceable in court. Under Article I, Section 28, subdivision (c), a victim, the victim’s attorney, or the prosecutor at the victim’s request can go into any trial or appellate court with jurisdiction over the case and ask the court to enforce these rights. The court is required to act promptly.⁷

One boundary matters here. This enforcement right does not create a lawsuit for money damages against the state, a government agency, or a government employee. If a prosecutor fails to notify you of a hearing, you can go to court to enforce your notification rights going forward, but you cannot sue the prosecutor’s office for compensation over the missed hearing.⁷

For help understanding or asserting your rights, the California Attorney General’s Victims’ Services Unit provides information and referrals at (877) 433-9069 or through its website.⁸

Government Compensation Is a Separate Track

Restitution comes from the offender, and collection can take years. California also runs a separate government-funded program through the California Victim Compensation Board (CalVCB) that can cover certain out-of-pocket expenses whether or not the offender is caught or convicted.

To qualify for CalVCB compensation, you generally must:

Have been a California resident when the crime occurred, or have been victimized within California
Have suffered physical injury, emotional injury from a threat of physical harm, or lost a family member to a crime
Have cooperated with law enforcement, with exceptions for domestic violence, sexual assault, child abuse, and human trafficking cases
File your application within seven years of the crime, or within seven years after a minor victim turns 21

Anyone who committed the crime, participated in the events leading to it, or was committing a felony at the time is not eligible.⁹ CalVCB compensation and court-ordered restitution are two different tracks, and qualifying for one does not affect the other.

1
California Secretary of State. California Proposition 9 – Criminal Justice System, Victims’ Rights, Parole
2
Legislative Analyst’s Office. Proposition 9 – Criminal Justice System, Victims’ Rights, Parole
3
Justia. California Constitution Article I Section 28 – Declaration of Rights
4
California Legislative Information. California Penal Code Section 1202.4
5
California Victim Compensation Board. Collecting and Requesting Restitution
6
Ninth Circuit Court of Appeals. Gilman v. Schwarzenegger, 638 F.3d 1101
7
California Legislative Information. California Constitution Article I Section 28
8
State of California – Department of Justice. Victims’ Services Unit
9
California Victim Compensation Board. Who Is Eligible