NCJ Number
59715
Date Published
1978
Length
11 pages
Annotation
PROGRAMS REQUIRING SOME TYPE OF RESTITUTION TO VICTIMS HAVE BEEN EXPERIMENTED WITH IN SEVERAL STATES AND SOME OF THESE STATES HAVE DRAFTED OR PASSED STATUTES PROVIDING FOR RESTITUTION. EFFECTS ARE CONSIDERED.
Abstract
ALTHOUGH THE TERMS 'COMPENSATION' AND 'RESTITUTION' OFTEN ARE USED INTERCHANGEABLY, THEY REPRESENT TWO DIFFERENT POINTS OF VIEW. COMPENSATION CONCERNS THE COUNTERBALANCING OF VICTIM LOSSES THAT RESULT FROM A CRIMINAL ATTACK. RESTITUTION DEALS WITH REPARATION OF VICTIM LOSSES, OR RESTORATION OF THE POSITION OF VICTIMS AND VICTIM RIGHTS THAT WERE DAMAGED OR DESTROYED BY AND DURING A CRIMINAL ATTACK. AS SUCH, RESTITUTION IS AN INDICATION OF THE RESPONSIBILITY OF OFFENDERS. THE COMMUNITY ACCOUNTABILITY PROGRAM IN SEATTLE, WASH., HAS REDUCED THE NUMBER OF REPEAT OFFENDERS THROUGH RESTITUTION. IN UTAH, THE LEGISLATURE HAS AUTHORIZED THE DRAFTING OF A BILL TO ALLOW FOR RESTITUTION TO VICTIMS OF CRIMINAL OFFENDERS. THIS BILL, MODELED AFTER A LAW IN OREGON, WILL REQUIRE THE COURT TO STATE REASONS FOR FAILING TO ORDER RESTITUTION, REQUIRE THE PAROLE BOARD TO ESTABLISH A SCHEDULE OF RESTITUTION PAYMENTS, AND PERMIT VICTIMS TO PURSUE CIVIL DAMAGES AGAINST DEFENDANTS SUBJECT TO CREDIT FOR CRIMINAL RESTITUTION PAID AND WITH A PRESUMPTION OF DEFENDANT LIABILITY FOR PECUNIARY DAMAGES. A COMMUNITY SERVICE PROJECT IN FAIRFAX COUNTY, VA., ALLOWS JUVENILE OFFENDERS TO WORK FOR THE COUNTY IN LIEU OF PUNISHMENT. A RESTITUTION PROGRAM IN GEORGIA HAS RESULTED IN THE ESTABLISHMENT OF RESIDENTIAL RESTITUTION CENTERS IN METROPOLITAN AREAS AND IS INTENDED TO SERVE AS THE INITIAL PHASE OF A STATEWIDE RESTITUTION PROGRAM. FLORIDA STATUTES PROVIDE FOR RESTITUTION, WITH THE STIPULATION THAT RESTITUTION MAY BE IN MONETARY OR NONMONETARY FORM. RESTITUTION AGREEMENTS ARE CONSIDERED TO BE A FEASIBLE APPLICATION OF CRIMINAL LAW. THEY ELIMINATE IMPRISONMENT EXPENSE, EXPEDITE AND ADMINISTER REHABILITATION, AND ASSURE JUSTICE. REFERENCE MATERIALS ARE LISTED. (DEP)