NCJ Number
95121
Journal
Pensylvania Association on Probation, Parole and Corrections Issue: 1 Dated: (Spring 1984) Pages: 3-13
Date Published
1984
Length
11 pages
Annotation
The history and practice of restitution within the Pennsylvania criminal justice system are presented, together with summary results of a statewide survey.
Abstract
In Pennsylvania, legislation has permitted the use of restitution as a condition of probation or as a sentence in and of itself. Further legal, constitutional, and procedural principles have been created by case law. A survey of chief probation officers, which examined recorded and perceived restitution practices in the State, indicates that restitution is ordered in most cases where it seems appropriate; offender's inability to pay and lack of pressure from prosecutor or victim are the most significant reasons for not ordering restitution; victim loss is documented by a victim statement and police reports; and probation departments or court clerks collect the money. Results also show that probation is revoked or extended or a contempt citation is issued if restitution is not paid, and defaults in restitution are seen as the result of offenders' inability to pay, the amount being too large, or insufficient enforcement of the order. An analysis of restitution orders completed showed great variation among counties, with a range of 10 percent to 96 percent completions. The need for further research is noted.