NCJ Number
46473
Date Published
Unknown
Length
52 pages
Annotation
A COURT-BY-COURT ANALYSIS OF SYSTEMS USED TO PROCESS OFFENDERS WHO RECEIVE RESTITUTION SENTENCES AND OF THE ATTITUDES/VALUE BIASES WHICH AFFECT THE IMPLEMENTATION OF RESTITUTION SANCTIONS IS PRESENTED.
Abstract
THIS SECOND PART OF A TWO-PART EVALUATION WAS CONDUCTED IN THREE JUDICIAL DISTRICTS IN MINNESOTA. THE FIRST PART USED COURT FILES TO DOCUMENT VARIOUS USES OF RESTITUTION AND CHARACTERISTICS OF OFFENDERS UNDER RESTITUTION SENTENCES. THIS REPORT IS A SYSTEMS ANALYSIS EXAMINING EACH COURT'S RESTITUTION SYSTEM AND THE PEOPLE RESPONSIBLE FOR ITS IMPLEMENTATION. COURTS EXAMINED WERE DISTRICT 6 (ARROWHEAD REGION) COMPOSED OF FOUR COUNTIES AND THE CITY OF DULUTH, DISTRICT 2 (RAMSEY COUNTY) WHICH CONTAINS THE CITY OF ST. PAUL AND SURROUNDING SUBURBS, AND DISTRICT 3, WHICH INCLUDES 11 RURAL COUNTIES. IN-DEPTH INTERVIEWS AND ON-SITE VISITS WERE USED TO COLLECT DATA. IN THE ARROWHEAD DISTRICT, INTEREST IN RESTITUTION OPTIONS IS STRONG, PARTICULARLY THOSE IN WHICH SOME FORM OF WORK SERVICE IS SUBSTITUTED FOR FINANCIAL PAYMENT, AN IMPORTANT OPTION FOR LOW-INCOME OFFENDERS. HOWEVER, THE PROGRAMS ARE NEW AND THE STAFF IS HAVING PROBLEMS WITH IMPLEMENTATION DETAILS. ADDITIONAL TRAINING IS NEEDED. ALSO, THE VARIOUS COUNTIES ARE UNAWARE OF THE PROGRAMS AND OPPORTUNITIES WHICH EXIST IN OTHER COUNTIES. SOME FORM OF COOPERATION SHOULD BE DEVELOPED. IN ST. PAUL A PROGRAM CALLED 'SAVE' (SENTENCING ALTERNATIVES FOR VOLUNTEER EMPLOYMENT), HAS BEEN ORGANIZED. THE SUPPORT SERVICES DIVISION OF THE DISTRICT COURT IS RESPONSIBLE FOR ADMINISTRATION. IT IS STRICTLY AN ADULT PROGRAM, AND IT SERVED 162 REFERRALS IN 1976-1977. COUNTY COURT JUDGES USE BOTH FINANCIAL AND SERVICE RESTITUTION WIDELY, BOTH THROUGH THE SAVE PROGRAM AND THROUGH INDIVIDUALLY ARRANGED RESTITUTION PLANS. THE DISTRICT 2 PROGRAM HAS PROBLEMS COMMON TO LARGE SYSTEMS INCLUDING STAFF CYNICISM AND PHILOSOPHICAL DISAGREEMENTS CONCERNING THE RESTITUTION PROGRAMS. THE ISSUE OF RESTITUTION PAYMENTS TO INSURANCE COMPANIES IS IMPORTANT IN RAMSEY COUNTY, AND DIVERSE OPINIONS ARE REPRESENTED IN THE SYSTEM. THERE IS A NEED FOR FURTHER DEVELOPMENT OF A COMMON FOCUS OF RESTITUTION PROGRAMS AND GUIDELINES FOR IMPLEMENTATION. DISTRICT 3 USES RESTITUTION WIDELY IN JUVENILE CASES AND IN A FEW SCATTERED ADULT CASES. STEELE COUNTY COURTS USE RESTITUTION TO PROVIDE DIRECT FINANCIAL REIMBURSEMENT AND VICTIM-OFFENDER CONTACT WHILE USING ITS WORK PROGRAM AS PUNISHMENT FOR THE CRIME. MOST OF THE COUNTIES CONTAIN A CITY LARGE ENOUGH TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR RESTITUTION AND SMALL ENOUGH TO ENCOURAGE ACTIVE COMMUNITY INVOLVEMENT. AN EXCHANGE OF INFORMATION AMONG COURT PERSONNEL, GREATER COORDINATION IN SOLVING COMMON PROBLEMS, AND TRAINING SESSIONS WOULD ALL BE HELPFUL IN IMPROVING THESE VIABLE RESTITUTION SYSTEMS. MAJOR PROBLEMS IDENTIFIED WITH ALL OF THE RESTITUTION PROGRAMS INCLUDE: THE PROBLEM OF DETERMINING THE VALUE OF STOLEN OR DAMAGED PROPERTY, THE RELUCTANCE OF COURT SERVICE STAFF TO HANDLE MONEY, THE DISAGREEMENT ABOUT PAYMENTS TO INSURANCE COMPANIES, AND THE ROLE OF VICTIM-OFFENDER CONTACT. FINDING THE BEST WAY TO HANDLE AN OFFENDER WHO DOES NOT FULFILL HIS RESTITUTION CONTRACT IS ALSO A SIGNIFICANT PROBLEM.