NCJ Number
53405
Date Published
1978
Length
120 pages
Annotation
THE INTEGRATION OF RESTITUTION INTO THE CRIMINAL JUSTICE SYSTEM IS CONSIDERED, AND GEORGIA'S NONRESIDENTIAL RESTITUTION PROGRAM FUNDED BY THE LEAA IN FISCAL YEAR 1977 IS DESCRIBED.
Abstract
METHODS FOR INCORPORATING RESTITUTION INTO THE CRIMINAL JUSTICE SYSTEM INCLUDE ITS USE AS AN ALTERNATIVE TO PRISON, AS A PROBATION CONDITION, WITHIN PRISON THROUGH A REVISED WAGE SYSTEM, AND WITHIN A COMMUNITY CORRECTIONS PROGRAM. THE USE OF RESTITUTION AS A REHABILITATIVE TOOL FOR OFFENDERS RAISES SEVERAL ISSUES, SOME OF WHICH ARE THE SUFFICIENCY OF THE RESTITUTION SANCTION, WHETHER RESTITUTION SHOULD BE MADE TO THE VICTIM OR TO SOCIETY AT LARGE, THE DESIRABILITY OF PERSONALIZING VICTIM-OTHER CONTACTS, AND THE NEED FOR A RESTITUTION PROGRAM TO BE BASED ON ITS PRESUMED IMPACT ON OFFENDERS. THE SOLE SANCTION RESTITUTION PROGRAM (SSRP) IN GEORGIA WAS INITIALLY CONCEIVED TO OPERATE ON A PREINCARCERATION AND POSTINCARCERATION LEVEL IN 4 OF THE STATE'S 42 JUDICIAL CIRCUITS. ONE OF THE PRIMARY RESEARCH OBJECTIVES OF THE PROGRAM WAS TO ASSESS THE EFFICACY OF RESTITUTION AS A CRIMINAL JUSTICE SANCTION. AFTER SCREENING DECISIONS WERE MADE ABOUT OFFENDERS ELIGIBLE FOR PARTICIPATION IN THE SSRP, FURTHER REVIEW OF EACH POTENTIALLY ELIGIBLE CASE WAS NECESSARY TO CONSIDER SUCH FACTORS AS MENTAL AND EMOTIONAL STABILITY, PHYSICAL CAPABILITIES, TENDENCIES TOWARD VIOLENT BEHAVIOR, PRIOR CRIMINAL RECORD, AND HISTORY OF DRUG/ALCOHOL USE. A DETAILED PERFORMANCE CONTRACT SPECIFYING THE AMOUNT AND TYPE OF RESTITUTION WAS TO BE DEVELOPED FOR EACH OFFENDER, WITH RESTITUTION INCLUDING EITHER SERVICE RESTITUTION, FINANCIAL RESTITUTION, OR BOTH. IT WAS ENVISIONED THAT EACH VICTIM WOULD BE NOTIFIED BY MAIL ABOUT CASE OUTCOME. ONCE DATA WERE COLLECTED, IT WAS FOUND THAT MANY PROBATIONERS IN THE SSRP WERE NOT ACTUALLY INVOLVED IN THE REPAYMENT OF RESTITUTION. RESTITUTION HAD COME TO MEAN COMMUNITY SERVICE IN LIEU OF CASH FINES, CASH PAYMENTS TO VICTIMS, COMMUNITY SERVICE IN LIEU OF PAYMENT TO SOME VICTIMS, AND CASH PAYMENTS OF FINES. RESTITUTION WAS NEVER CLEARLY DEFINED AND USED AS A SINGLE CONCEPT. RECOMMENDATIONS TO IMPROVE THE SSRP AND SIMILAR PROGRAMS ARE OFFERED. FOOTNOTES ARE INCLUDED. APPENDIXES CONTAIN AN ORGANIZATIONAL CHART OF THE DEPARTMENT OF OFFENDER REHABILITATION IN GEORGIA, JOB DESCRIPTIONS FOR RESTITUTION PERSONNEL, THE RESEARCH STUDY DESIGN, SAMPLE FORMS USED TO COLLECT DATA, ELIGIBILITY CRITERIA FOR PROGRAM PARTICIPANTS, AND GROUP ASSIGNMENT PROCEDURES. (DEP)