ISSUES IN THE CORRECTIONAL IMPLEMENTATION OF RESTITUTION TO VICTIMS OF CRIME

• NCJ Number: 27730
• Author(s): B GALAWAY; J HUDSON
• Date Published: 1973
• Length: 16 pages
• Publication Format: Document
• Publication Type: Program/Project Evaluation
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT THE AMERICAN SOCIETY OF CRIMINOLOGY 1973 ANNUAL MEETING, NEW YORK

Annotation

DESCRIPTIVE ANALYSIS OF THE MINNESOTA RESTITUTION CENTER, A COMMUNITY-BASED, RESIDENTIAL FACILITY WHICH DIVERTS SELECTED ADULT OFFENDERS TO A FOCUSED PAROLE STATUS IN THE FOURTH MONTH AFTER ADMISSION TO THE STATE PRISON.

Abstract

CENTRAL TO THIS PROGRAM IS THE COLLABORATION OF THE OFFENDER AND THE VICTIM IN THE COMPLETION OF A CONTRACTUAL AGREEMENT SPECIFYING THE AMOUNT, FORM AND SCHEDULE OF RESTITUTION TO BE MADE. PROGRAM STAFF FUNCTION AS A THIRD PARTY BOTH IN HELPING MEDIATE THE RESTITUTION NEGOTIATIONS AND, FOLLOWING PAROLE, IN FACILITATING COMPLETION OF THE AGREEMENT. SELECTIONS FOR THE CENTER ARE MADE FROM ALL NEW ADMISSIONS WHO MEET THE FOLLOWING CRITERIA: ADULT PROPERTY OFFENDERS WHO WERE NOT IN POSSESSION OF A GUN OR KNIFE WHEN THE CRIME WAS COMMITTED, COMMITTED FROM THE SEVEN-COUNTY METROPOLITAN AREA OF MINNEAPOLIS-ST. PAUL, WITH NO DETAINERS AND WITH A MINIMUM OF FIVE YEARS COMMUNITY LIVING SINCE THE LAST FELONY CONVICTION FOR A CRIME AGAINST PERSONS. DURING THE PROGRAM'S FIRST YEAR OF OPERATION, 31 RESTITUTION CONTRACTS WERE DEVELOPED AND 28 MEN WERE RELEASED ON PAROLE TO THE CENTER. THIS PAPER FOCUSES ON FIVE MAJOR ISSUES CONCERNING THE SYSTEMIC IMPLEMENTATION OF RESTITUTION AS THEY RELATE TO THIS PROGRAM. THE ISSUES DISCUSSED ARE THE CONTINUING INVOLVEMENT OF THE VICTIM AND OFFENDER, THE APPROPRIATENESS OF DEFINING A POPULATION OF PROPERTY OFFENDERS AS PROGRAM ELIGIBLES, THE ROLE OF RESTITUTION IN RELATION TO OTHER HELPING APPROACHES, THE VOLUME OF DAMAGES, AND THE USE OF AN EXPERIMENTAL DESIGN FOR EVALUATIVE PURPOSES. THE AUTHORS CONCLUDE THAT THE RESTITUTION CENTER HAS DEMONSTRATED THAT BOTH CRIMINALS AND THEIR VICTIMS ARE WILLING TO BECOME INVOLVED IN NEGOTIATING THE FORM, AMOUNT, AND SCHEDULE OF RESTITUTION TO BE MADE, AND THAT, IN THIS PROGRAM, THE VICTIM HAS BECOME A CONSIDERED PARTY IN THE CORRECTIONAL SYSTEM. THEY ALSO AGREED THAT THE LARGER COMMUNITY HAD DEMONSTRATED A WILLINGNESS TO ACCEPT THE HUMANITARIAN AND ECONOMIC RATIONALES OF THE PROGRAM. THE EXPERIMENTAL STRATEGY WAS JUDGED HELPFUL IN DOCUMENTING THE OUTCOME EFFECTS ON THE VICTIMS AND OFFENDERS SERVED. (AUTHOR ABSTRACT MODIFIED)