Policy Text
Ref: CALEA
Standard N/A
DEPARTMENTAL
GENERAL ORDER M-11 Rev.
1 Dec 00
Index as:
Probation, Restitution as a
Condition of
Restitution as a Condition of
Probation
Page 1 of 3
RESTITUTION AS A CONDITION OF PROBATION
The purpose of this order is to establish procedures for obtaining reimbursement
from offenders as a condition of probation when they have damaged City
property.
I.I. POLICY
A. It shall be Departmental policy to seek restitution from offenders for damage to City vehicles, uniforms, equipment, and other property when such offenders are convicted and placed on probation.
B. Members and employees shall document property damage as set forth in this order so that requests for restitution can be monitored as cases proceed through the criminal justice system.
II.II. REPORTING OFFICERS AND EMPLOYEES
A. Members shall note in the Crime Report (536-933), Vehicle Collision Report (TF-3047/3047-1), or Consolidated Arrest Report (536-252), any damage to uniforms, radios, vehicles, or other City property that is caused by suspects.
1. Members shall describe the damage on the appropriate report and list the asset number of the property or the vehicle number (e.g., left rear window broken in unmarked vehicle
#1855).
DEPARTMENTAL GENERAL ORDER M-11 Rev.
1 Dec 00 OAKLAND POLICE DEPARTMENT
2. Damage to City property must be reported on a form that is
detailed to an investigating unit. It shall be unacceptable to report vehicle damage to the Transportation Unit alone or to report uniform damage only on the Uniform and Equipment Damage Claim Form (TF-711).
B. Correctional Officers shall report damage in the Jail Division to the commander in accordance with Departmental General Order G-5, DAMAGE TO CITY PROPERTY.
III.III. INVESTIGATORS
Upon receiving a report which indicates that City property has been damaged by a suspect, the investigator shall complete the Notice of Loss (TF-879) if charges are going to be filed. The original shall be filed with the prosecuting attorney at the time a charge is requested. A copy of the Notice shall be forwarded to the Budget and Accounting (B&A) Division at the same time.
IV.IV. BUDGET AND ACCOUNTING DIVISION
A. Upon receiving a Notice of Loss form from an investigator, the B&A Division shall place it in a suspense file until one of the following occurs:
1. A copy of a Court Probation Order (court form) is received, indicating that the defendant has been tried, found guilty, placed on unsupervised court probation, and ordered to make restitution in person at the B&A Division.
2. A check from the County Central Collections Office is received, indicating that the defendant has made restitution through the County Probation Department after being tried
and convicted and placed on fo rmal supervised probation.
3. When two years pass without any activity regarding the
person named in the Notice of Loss, the B&A Division shall destroy the form.
Page 2 of 3
DEPARTMENTAL GENERAL ORDER M-11 Rev.
1 Dec 00 OAKLAND POLICE DEPARTMENT
B. Whenever a Court Probation Order is received, the B&A Division
shall complete the Restitution Report, notifying the Prosecuting Attorney’s Office whether or not the defendant makes restitution as ordered.
C. Whenever a defendant makes restitution in person, the B&A Division shall give him/her a recei pt, credit the revenue to the
appropriate activity and object co de, and deposit the money in the
City General Fund.
D. Whenever a check is received from the County Central Collections Office, the B&A Division shall credit the appropriate activity and object code and deposit the money in the General Fund.
By order of Richard L. Word Chief of Police
Page 3 of 3