Statement of James I K Knapp, Deputy Assistant Attorney General, Criminal Division Before the House Subcommittee on Criminal Justice Concerning Criminal Fine Collection on August 3, 1983

• NCJ Number: 91141
• Author(s): J I K Knapp
• Date Published: 1983
• Length: 18 pages
• Corporate Author: US Dept of Justice
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

This statement discusses legislative improvements which, when combined with policy and administrative changes already undertaken by the U.S. Justice Department, can significantly increase the Department's ability to collect criminal fines.

Abstract

In 1981, Attorney General Smith directed that the collection of debts owed to the Government, including criminal fines, be given top priority. A departmentwide Debt Collection Task Force is now functioning to coordinate debt collection efforts. Training is being provided for U.S. attorneys in innovative, aggressive collection techniques. A tracking system is oriented toward investigation of assets, deposition of the defendant and third parties, and where necessary, litigation to obtain court orders and contempt sanctions. Under the Comprehensive Crime Control Act of 1983, sentencing reforms include several provisions that directly address certain problems associated with collecting criminal fines. Courts would, for the first time, be required by statute to consider the financial resources of the defendant and his obligation to support dependents in determining the amount of fine to be imposed. This should reduce the number of uncollectible fines. The legislation also provides that the court impose a specified schedule of payment. Further, if a defendant has made some payment toward his fine, the court could, upon a showing of changed circumstances, modify the method of payment or reduce the amount of the fine. Information on fines collected and outstanding is provided.