RECOMMENDATIONS FOR IMPROVING THE USE OF RESTITUTION AS A DISPOSITIONAL ALTERNATIVE AS ADMINISTERED BY THE CONNECTICUT ADULT PROBATION DIVISION

• NCJ Number: 45449
• Author(s): T BALIVET; C BRIGGS; C CHADWICK; S CONTI; J HELMS; R HOFFMAN; L MOORE
• Date Published: 1975
• Length: 32 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Ctr for State Courts
• Sale Source: American University
• Publication Type: Program/Project Evaluation
• Language: English
• Country: United States of America

Annotation

WAYS OF EXPANDING CONNECTICUT'S CRIMINAL RESTITUTION SYSTEM ARE EXAMINED, CONSIDERING PARTICULARLY THE DETERMINATION OF CASES WHERE RESTITUTION MIGHT BE APPROPRIATE AND PROCEDURES TO IMPLEMENT THE SYSTEM.

Abstract

THE BACKGROUND OF THE USE OF RESTITUTION AS A DISPOSITIONAL ALTERNATIVE IS BRIEFLY DISCUSSED, PARTICULARLY AS IT HAS BEEN USED IN CONNECTICUT (PRIMARILY IN FRAUD CASES). ITS AIMS, BENEFITS IN TERMS OF VICTIM COMPENSATION AND REDUCTION IN INSTITUTIONAL AND COURT BURDENS, AND REHABILITATIVE VALUE ARE CONSIDERED. THE MAJOR FACTORS WHICH MUST BE TAKEN INTO ACCOUNT IN A SUCCESSFUL RESTITUTION PROGRAM -- PROVISION OF ADEQUATE INFORMATION TO THE COURT TO DETERMINE THE APPROPRIATENESS OF RESTITUTION IN AN INDIVIDUAL CASE; LIMITATION OF RESTITUTION TO APPROPRIATE CATEGORIES OF CASES; AND WORKABLE ADMINISTRATIVE AND ENFORCEMENT PROCEDURES -- ARE DISCUSSED. THE EXISTING RESTITUTION PROGRAM IS EVALUATED IN TERMS OF THESE THREE FACTORS. VARIOUS OPTIONS AVAILABLE TO THE COURT IN ORDERING RESTITUTION AND THE IMPLICATIONS OF EACH ARE ANALYZED. SPECIFIC OPERATIONAL PROCEDURES WHICH SHOULD BE ADOPTED BY THE COURTS AND BY THE ADULT PROBATION DIVISION ARE OUTLINED, CONSIDERING SUCH ELEMENTS AS AMOUNT OF RESTITUTION, DETERMINATION OF ABILITY TO PAY, AND MECHANISMS FOR COLLECTION. THREE ALTERNATIVES FOR ADMINISTRATION OF THE PROGRAM ARE SUGGESTED, AND A RECOMMENDED PILOT STUDY IS DESCRIBED. A SAMPLE CASE PROCESSING FORM IS APPENDED. (VA)