{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-305.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-305.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-305.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-305.2.html"}],"law_id":59341,"edition_id":1,"section_id":59341,"structure_id":14013,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","history":"1988, c. 679; 1989, c. 386; 2017, cc. 786, 814; 2018, c. 736; 2021, Sp. Sess. I, cc. 190, 393.","full_text":"A\n\nThe court, when ordering restitution pursuant to § 19.2-305.1, may require that such defendant, in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense, (i) return the property to the owner or (ii) if return of the property is impractical or impossible, pay an amount equal to the greater of the value of the property at the time of the offense or the value of the property at the time of sentencing.B\n\nAn order of restitution shall be docketed, in the name of the Commonwealth, or a locality if applicable, on behalf of the victim, as provided in § 8.01-446 when so ordered by the court, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. An order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The clerk shall record and disburse restitution payments as provided in subsection D of § 19.2-305.1 and subsection A of § 19.2-354 in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. At any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim. The circuit court clerk shall remove from its automated financial system the amount of unpaid restitution upon docketing the assignment. If a judge of a district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution upon sending the order to the circuit court clerk. If the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential. When a judgment for restitution previously docketed in the name of the Commonwealth or a locality is ordered to be assigned to the victim, the court shall provide notice of such order to the defendant at the defendant’s last known address and shall include the mailing address provided by the victim. Enforcement by a victim of any order of restitution docketed as provided in § 8.01-446 is not subject to any statute of limitations. Such docketing shall not be construed to prohibit the court from exercising any authority otherwise available to enforce the order of restitution.","order_by":null,"text":{"0":{"id":217510,"text":"The court, when ordering restitution pursuant to § 19.2-305.1, may require that such defendant, in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense, (i) return the property to the owner or (ii) if return of the property is impractical or impossible, pay an amount equal to the greater of the value of the property at the time of the offense or the value of the property at the time of sentencing.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217511,"text":"An order of restitution shall be docketed, in the name of the Commonwealth, or a locality if applicable, on behalf of the victim, as provided in § 8.01-446 when so ordered by the court, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. An order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The clerk shall record and disburse restitution payments as provided in subsection D of § 19.2-305.1 and subsection A of § 19.2-354 in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. At any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim. The circuit court clerk shall remove from its automated financial system the amount of unpaid restitution upon docketing the assignment. If a judge of a district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution upon sending the order to the circuit court clerk. If the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential. When a judgment for restitution previously docketed in the name of the Commonwealth or a locality is ordered to be assigned to the victim, the court shall provide notice of such order to the defendant at the defendant’s last known address and shall include the mailing address provided by the victim. Enforcement by a victim of any order of restitution docketed as provided in § 8.01-446 is not subject to any statute of limitations. Such docketing shall not be construed to prohibit the court from exercising any authority otherwise available to enforce the order of restitution.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; 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expenses of psychiatrist","url":"\/19.2-301\/","token":"19.2\/18\/1\/19.2-301","metadata":false},{"id":59002,"structure_id":14013,"section_number":"19.2-302","catch_line":"Construction and administration of \u00a7\u00a7 19.2-300 and 19.2-301","url":"\/19.2-302\/","token":"19.2\/18\/1\/19.2-302","metadata":false},{"id":63915,"structure_id":14013,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","url":"\/19.2-303\/","token":"19.2\/18\/1\/19.2-303","metadata":false},{"id":64740,"structure_id":14013,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","url":"\/19.2-303.01\/","token":"19.2\/18\/1\/19.2-303.01","metadata":false},{"id":74000,"structure_id":14013,"section_number":"19.2-303.02","catch_line":"Modification of conditions of suspended sentence or probation to require fingerprinting","url":"\/19.2-303.02\/","token":"19.2\/18\/1\/19.2-303.02","metadata":false},{"id":74432,"structure_id":14013,"section_number":"19.2-303.1","catch_line":"Fixing period of suspension of sentence","url":"\/19.2-303.1\/","token":"19.2\/18\/1\/19.2-303.1","metadata":false},{"id":55101,"structure_id":14013,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","url":"\/19.2-303.2\/","token":"19.2\/18\/1\/19.2-303.2","metadata":false},{"id":70874,"structure_id":14013,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; 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community service","url":"\/19.2-305.1\/","token":"19.2\/18\/1\/19.2-305.1","metadata":false},"next_section":{"id":64153,"structure_id":14013,"section_number":"19.2-305.3","catch_line":"Repealed","url":"\/19.2-305.3\/","token":"19.2\/18\/1\/19.2-305.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-305.2\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 679 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 386; in 2017, chapters 786<\/a> and 814<\/a>; in 2018, chapter 736<\/a>.<\/p>","references":[{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":67694,"section_number":"8.01-446","catch_line":"Clerks to keep judgment dockets; what judgments to be docketed therein","order_by":null,"url":"\/8.01-446\/"}],"refers_to":[{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":81152,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","order_by":null,"url":"\/19.2-354\/"},{"id":67694,"section_number":"8.01-446","catch_line":"Clerks to keep judgment dockets; what judgments to be docketed therein","order_by":null,"url":"\/8.01-446\/"}],"permalink":{"id":169569,"object_type":"law","relational_id":59341,"identifier":"19.2-305.2","token":"19.2\/18\/1\/19.2-305.2","url":"\/19.2-305.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-305.2\/","token":"19.2\/18\/1\/19.2-305.2","dublin_core":{"Title":"Amount of restitution; enforcement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-305.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The court<\/span>, when ordering restitution<\/span> pursuant to § 19.2-305.1<\/a>, may require that such defendant<\/span>, in the case of an offense<\/span> resulting in damage to or loss or destruction of property of a victim of the offense<\/span>, (i) return the property to the owner or (ii) if return of the property is impractical or impossible, pay an amount equal to the greater of the value of the property at the time of the offense<\/span> or the value of the property at the time of sentencing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An order<\/span> of restitution<\/span> shall be docketed, in the name of the Commonwealth, or a locality if applicable, on behalf of the victim, as provided in § 8.01-446<\/a> when so ordered by the court, unless the victim named in the order<\/span> of restitution<\/span> requests in writing that the order<\/span> be docketed in the name of the victim. An order<\/span> of restitution<\/span> docketed in the name of the victim shall be enforced by the victim as a civil judgment<\/span>. The clerk shall record and disburse restitution<\/span> payments as provided in subsection D of § 19.2-305.1<\/a> and subsection A of § 19.2-354<\/a> in accordance with orders of restitution<\/span> or judgments<\/span> for restitution<\/span> docketed in the name of the Commonwealth or a locality. At any time before a judgment<\/span> for restitution<\/span> docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order<\/span> the circuit<\/span> court clerk to execute and docket<\/span> an assignment of the judgment<\/span> to the victim. The circuit<\/span> court clerk shall remove from its automated financial system the amount of unpaid restitution<\/span> upon docketing the assignment. If a judge<\/span> of a district court orders<\/span> the circuit<\/span> court clerk to execute and docket<\/span> an assignment of the judgment<\/span> to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution<\/span> upon sending the order<\/span> to the circuit<\/span> court clerk. If the victim requests that the order<\/span> of restitution<\/span> be docketed in the name of the victim or that a judgment<\/span> for restitution<\/span> previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant<\/span> can mail payment for the amount due and such address shall not be confidential. When a judgment<\/span> for restitution<\/span> previously docketed in the name of the Commonwealth or a locality is ordered to be assigned to the victim, the court shall provide notice of such order<\/span> to the defendant<\/span> at the defendant<\/span>’s last known address and shall include the mailing address provided by the victim. Enforcement by a victim of any order<\/span> of restitution<\/span> docketed as provided in § 8.01-446<\/a> is not subject to any statute of limitations<\/span>. Such docketing shall not be construed to prohibit the court from exercising any authority otherwise available to enforce the order<\/span> of restitution<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMOUNT OF RESTITUTION; ENFORCEMENT (\u00a7 19.2-305.2)\n\nA. The court, when ordering restitution pursuant to § 19.2-305.1, may\nrequire that such defendant, in the case of an offense resulting in damage to or\nloss or destruction of property of a victim of the offense, (i) return the\nproperty to the owner or (ii) if return of the property is impractical or\nimpossible, pay an amount equal to the greater of the value of the property at\nthe time of the offense or the value of the property at the time of sentencing.\n\nB. An order of restitution shall be docketed, in the name of the Commonwealth,\nor a locality if applicable, on behalf of the victim, as provided in §\n8.01-446 when so ordered by the court, unless the victim named in the order of\nrestitution requests in writing that the order be docketed in the name of the\nvictim. An order of restitution docketed in the name of the victim shall be\nenforced by the victim as a civil judgment. The clerk shall record and disburse\nrestitution payments as provided in subsection D of § 19.2-305.1 and\nsubsection A of § 19.2-354 in accordance with orders of restitution or\njudgments for restitution docketed in the name of the Commonwealth or a\nlocality. At any time before a judgment for restitution docketed in the name of\nthe Commonwealth or a locality is satisfied, the court shall, at the written\nrequest of the victim, order the circuit court clerk to execute and docket an\nassignment of the judgment to the victim. The circuit court clerk shall remove\nfrom its automated financial system the amount of unpaid restitution upon\ndocketing the assignment. If a judge of a district court orders the circuit\ncourt clerk to execute and docket an assignment of the judgment to the victim,\nthe district court clerk shall remove from its automated financial system the\namount of unpaid restitution upon sending the order to the circuit court clerk.\nIf the victim requests that the order of restitution be docketed in the name of\nthe victim or that a judgment for restitution previously docketed in the name of\nthe Commonwealth or a locality be assigned to the victim, the victim shall\nprovide to the court an address where the defendant can mail payment for the\namount due and such address shall not be confidential. When a judgment for\nrestitution previously docketed in the name of the Commonwealth or a locality is\nordered to be assigned to the victim, the court shall provide notice of such\norder to the defendant at the defendant’s last known address and shall\ninclude the mailing address provided by the victim. Enforcement by a victim of\nany order of restitution docketed as provided in § 8.01-446 is not subject\nto any statute of limitations. Such docketing shall not be construed to prohibit\nthe court from exercising any authority otherwise available to enforce the order\nof restitution.\n\nHISTORY: 1988, c. 679; 1989, c. 386; 2017, cc. 786, 814; 2018, c. 736; 2021, Sp.\nSess. I, cc. 190, 393.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}