NCJ Number
65900
Journal
New England Journal on Prison Law Volume: 5 Issue: 2 Dated: (SPRING 1979) Pages: 135-150
Date Published
1979
Length
16 pages
Annotation
THE CONCEPT OF RESTITUTION IS EXPLORED ALONG WITH JUSTIFICATIONS FOR THE PRACTICE AND A LOOK AT PROGRAM DESIGNS AND OPERATION STRATEGIES USED IN SEVERAL STATES AND POSSIBLY APPLICABLE TO OTHER JURISDICTIONS.
Abstract
VICTIM COMPENSATION THROUGH COURT-ORDERED RESTITUTION IS A REALISTIC AND PROMISING ALTERNATIVE TO PROLONGED INSTITUTIONALIZATION AND TRADITIONALLY DEFINED SUPERVISION. RESTITUTION PRACTICES USUALLY TAKE ONE OF THE FOLLOWING FORMATS: MONETARY-VICTIM, MONETARY-COMMUNITY, SERVICE-VICTIM, AND SERVICE-COMMUNITY. AMONG THE ARGUMENTS JUSTIFYING RESTITUTION ARE THOSE CLAIMING PROVISION OF ALTERNATIVE SENTENCING OPTIONS TO COURTS PROVISION OF BENEFITS IN TERMS OF MONETARY COMPENSATION OR SERVICE TO VICTIM, ELIMINATION OF OVERLOAD IN THE CRIMINAL JUSTICE SYSTEM, AND IMPROVEMENT OF COMMUNITY AND CRIMINAL JUSTICE RELATIONS. UNLIKE TRADITIONAL SENTENCES, RESTITUTION MAY BENFIT MANY DIFFERENT SEGMENTS OF SOCIETY. THREE ONGOING PROGRAMS ARE NOTABLE FOR THEIR NOVEL AND SUCCESSFUL APPROACHES TO RESTITUTION. THESE INCLUDE THE WINONA COUNTY, MINN., WIS-ONUS PROGRAM; THE DORCHESTER, MASS., URBAN COURT PROGRAM; AND THE QUINCY, MASS., EARN-IT PROGRAM. IN WIN-ONUS, RESTITUTION MEASURES MAY TAKE THE FORM OF WORK SERVICE AT $2.50 AN HOUR WITH $10 EQUALING 1 DAY IN JAIL, OR PARTICIPATION IN REHABILITATION PROGRAMS WHOSE COMPLETION IS WORTH $100. THE DORCHESTER PROGRAM PRACTICES PRESENTENCE INVESTIGATIONS AS GROUP PROBLEMSOLVING SESSIONS DURING WHICH THE VICTIM IS GIVEN A PARTICIPATORY ROLE IN THE CRIMINAL JUSTICE PROCESS. THE QUINCY PROGRAM PLACES OFFENDERS IN PAYING JOBS LONG ENOUGH TO PAY RESTITUTION DEBTS. THE PROCESS OF RESTITUTION SENTENCING INVOLVES FIVE CONSECUTIVE STEPS, FROM THE HEARING FOR DETERMINING GUILT, THROUGH NEGOTIATIONS OF THE APPROPRIATE RESTITUTION MEASURES AND THE RESTITUTION CONTRACT, TO THE CONCLUDING COURT REVIEW AFTER COMPLETION OF RESTITUTION. RESTITUTION AS A SENTENCING ALTERNATIVE MAY BE PRESCRIBED IN LIEU OF PROBATION, AS THE SOLE SENTENCE, OR AS A CONDITION OF PROBATION. AMONG PROBLEMS FACING RESTITUTION PROGRAMS ARE PUBLIC SCEPTICISM AND CRIMINAL JUSTICE PERSONNEL RELUCTANCE TO SHARE AUTHORITY AND CONTROL WITH RESTITUTION PROGRAM WORKERS. MOREOVER, SERIOUS THEORETICAL AND PRACTICAL ISSUES REMAIN UNRESOLVED, AND ARE SUMMARIZED FOR CONSIDERATION BY PROGRAM PLANNERS. FOOTNOTES ARE PROVIDED. (MRK)