NCJ Number
91409
Date Published
1982
Length
0 pages
Annotation
Presentations by representatives of Wisconsin and Minnesota restitution programs examine the benefits and problems associated with restitution programs used as juvenile court diversion programs, restitution as a court disposition, restitution performed while institutionalized, and restitution performed after institutional release.
Abstract
The preadjudication (diversion) juvenile restitution program used in Hennepin County, Minn., is based in the belief that only the most serious cases should be brought before the juvenile court so as to eliminate the possible negative effects of a deep penetration into the juvenile justice system. Under a diversionary restitution program, the intake officer acts as a quasi-judicial functionary in determining the options to be offered to the juvenile. Restitution is offered in lieu of a court hearing, and acceptance of the program is voluntary. No pressure is brought for the youth to enter the program if he/she claims innocence. The disadvantages of the preadjudication restitution program are potential constitutional challenges based on the requirements of due process before any sanctions can be administered, although the Minnesota program has not been legally challenged. The post-adjudication restitution program practiced in Madison, Wis., avoids the constitutional issues posed by the diversionary restitution program, but it has the disadvantage of lengthy delay in providing the victim restitution money. Restitution while institutionalized has the advantages of compensating the victim and satisfying community demand for such restitution. Post-incarceration restitution ensures that the victim is compensated but does raise the issue of double jeopardy should it involve an additional sanction beyond the court-prescribed sentence. Workshop questions and answers are included on the tape.