NCJ Number
160292
Journal
Federal Probation Volume: 59 Issue: 3 Dated: (September 1995) Pages: 77-80
Date Published
1995
Length
4 pages
Annotation
A Federal guideline stipulate that fines can be levied to cover the costs of incarceration and supervision, but the guideline contains certain ambiguous provisions.
Abstract
The guideline establishes a punitive fine table according to offense level and allows for fine waiver if the defendant establishes he or she cannot pay the fine. The guideline contains ambiguities, however, and raises the issue of sentencing disparity. In addition, probation officers indicate offenders under their supervision object to being asked to pay fees to providers for such services as electronic monitoring, drug treatment, and residence at halfway houses. To make matters even more confusing, since January 1995, the Bureau of Prisons (BOP) has had the technical capability to assess and collect the average cost of 1 year's incarceration from all defendants who are able to pay, but the BOP is effectively prohibited from doing so. The author recommends that the guideline be changed to remove the ambiguity and misleading nature of the fine for costs of incarceration and supervision. 12 notes