NCJ Number
176415
Date Published
1998
Length
63 pages
Annotation
The U.S. General Accounting Office (GAO) identified guidance available to probation officers on how to determine payment schedules for offenders who received orders to pay fines to the government and restitution to their victims and assessed how offender payment schedules in two judicial districts were actually determined while under court supervision.
Abstract
In the Central District of California and the Northern District of Texas, probation officers who supervised offenders lacked clear policy guidance for determining how much offenders should pay each month toward their court-ordered fines and restitutions. In the absence of guidance, probation officers in the two districts developed their own methods for determining how much offenders could pay monthly. These methods were often based on subjective decisions not associated with financial criteria. Some offenders paid their fines or restitution orders immediately from available assets, while other offenders kept the proceeds from the sale of assets or the assets themselves. While offenders were required to report their necessary monthly expenses on personal financial statements, there were no criteria on types or amounts of expenses that were to be considered necessary. Further, personal financial statements were often 18 months old or older for offenders who were on installment payments, and probation officers were not in a good position to determine whether payment amounts should be changed. Inconsistent methods used by probation officers resulted in inequitable treatment of offenders and reduced or slowed payments to the Crime Victims Fund and to crime victims. Recommendations are offered that emphasize the establishment of specific guidance by the Administrative Office of the U.S. Courts for probation officers on how offenders should pay their fines and restitution. Supplemental information on the GAO review of offender payment schedules is contained in appendixes. 11 tables