NCJ Number
62799
Date Published
1978
Length
4 pages
Annotation
BASED ON NORTH CAROLINA LAW, SUGGESTIONS ARE MADE FOR COURT OFFICIALS TO ALLEVIATE PROBATION OFFICERS' DIFFICULTIES IN ENSURING THAT RESTITUTION PAYMENTS ARE MADE.
Abstract
RESTITUTION PAYMENTS AS A CONDITION OF PROBATION MUST BE MADE TO AN INDIVIDUAL OR ORGANIZATION FOR DAMAGE OR LOSS RESULTING FROM THE OFFENSE FOR WHICH THE DEFENDANT HAS BEEN CONVICTED. THE AGGRIEVED PARTY MAY BE A POLICE AGENCY RECEIVING RESTITUTION OF A SUM PAID TO THE DEFENDANT WHILE OBTAINING EVIDENCE OF THE CRIME. THE AMOUNT OF RESTITUTION SHOULD BE DETERMINED IN VIEW OF THE DEFENDANT'S ABILITY TO PAY, AND THE PRECISE TOTAL AND MANNER OF PAYMENT SHOULD BE CLEARLY DEFINED. FINES AND COURT COSTS SHOULD BE IMPOSED ACCORDING TO SIMILAR CRITERIA. ORDERING PAYMENT OF ATTORNEY COSTS IS RECOMMENDED ONLY WHEN THE DEFENDANT CAN CLEARLY PAY, SINCE THE RIGHT TO APPOINTED COUNSEL IS CONSTITUTIONALLY GUARANTEED. THE DEFENDANT HAS A RIGHT TO RAISE THE AFFIRMATIVE DEFENSE OF GOOD-FAITH INABILITY TO PAY IN A PROCEEDING TO REVOKE PROBATION. RESTITUTION DOES NOT ABRIDGE THE VICTIM'S RIGHT TO BRING CIVIL ACTION AGAINST THE OFFENDER. THESE CONSIDERATIONS SHOULD HELP COURT OFFICIALS CONTRIBUTE TO THE EFFECTIVENESS OF RESTITUTION AS AN IMPORTANT ASPECT OF PROBATION AND SUSPENDED SENTENCE CONDITIONS. (MRK)