NCJ Number
82364
Date Published
1981
Length
31 pages
Annotation
The proposal looks at the areas of concern that should be considered in the development of a penalty assessment system (constitutionality, indigency, police professionalism, etc.), examines current proposed legislation regarding the use of penalty assessment in New York, and recommends a penalty assessment system for New York.
Abstract
In developing a penalty assessment system, it is necessary to consider whether the State has any provision barring the use of penalty assessment, whether the indigent offender will bear a discriminatory burden under the system, and whether police will increase their enforcement activities since they will benefit from the funds raised under the penalty system. Other concerns include cooperation of the courts, the existence of a special fund for criminal justice purposes, the level of assessments, assessment collection, and apportionment and fund use. Three pieces of legislation introduced in New York on the penalty assessment issue have certain deficiencies, but there is concrete merit to the concept of offenders supporting police training programs, compensation for victims, and defraying State and local criminal expenditures, all provisions of one or another of these bills that would result from the money raised under the assessment system. New York should adopt a penalty assessment system to help defray the cost of supporting a broad range of criminal justice activities by assessing levies upon persons whose actions occasion the need for State of local justice intervention. Provisions of the system are detailed in the areas of motor vehicle offenses and criminal offenses. Appendixes include the three pieces of proposed legislation and a list of victim compensation programs by State.