Financial and Community Service Restitution for Adult Misdemeanants - A Viable Alternative

• NCJ Number: 73016
• Author(s): P Rowe-Cornelius; J S Garman
• Date Published: 1980
• Length: 26 pages
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: Paper presented at the Fourth Symposium on Restitution and Community Service Sentencing, Minneapolis, Minnesota, September 24-26, 1980

Annotation

A brief description of the alternative sentencing program of Portsmouth, Va., as contributed during a symposium on restitution and community service held during 1980, is presented.

Abstract

The services unit of the Portsmouth General District Court is the alternative sentences program established in 1978 for adult misdemeanants. Using the traditional probation approach, the services unit began with two probation counselors and a secretary. During the second year of operation, the community corrections program aspect was added to the services unit. The primary purpose for financial restitution is to monetarily reimburse victims for goods, services, or expenses incurred as a result of the offense. An individual, business, medical facility, local government, or any other concern may be the victim of an offense to whom financial restitution can be made. An individual may be referred to the services unit either directly or after the presentence report. The judge may request a presentence report before disposition if deemed necessary. Individuals are then scheduled for interview with the services unit, are allowed the length of the probation to pay the restitution, and are released at the end of a 12-month probationary period provided that all the conditions of probation are met. Violations of conditions can result in probation revocation. The community corrections aspect became a part of the services unit in 1979. The focus of the program is to divert adult misdemeanants who are first offenders from traditional sentencing. Qualified candidates are afforded the opportunity to volunteer to perform an unpaid community public service for a public or private nonprofit agency. Each individual is placed on 6 months of supervised probation to complete the volunteer project as opposed to the assessment of fines, costs, or suspended jail time. To date, the community corrections program has a 96.7 percent success rate with regard to completion of the required 50 hours of community service work. It is hoped that the program will be implemented statewide. Tables, footnotes, and an appendix of related information and forms are included.