NCJ Number
166116
Date Published
1995
Length
11 pages
Annotation
In August 1993, the North Carolina General Assembly directed the Sentencing and Policy Advisory Commission to study the role of restitution in North Carolina's criminal justice system, and recommendations emerged for collecting, monitoring, and enforcing victim restitution.
Abstract
The commission recommends that a standard form or standard information be adopted to address victim impact, that victim impact statements be obtained in all felony cases and serious misdemeanor cases, that the Division of Adult Probation and Parole develop explicit policies and procedures to assess the defendant's ability to pay restitution, and that further study of mandatory presentence reports be conducted. Other recommendations are that restitution be a priority in as many cases as appropriate, that the Administrative Office of the Courts share automated information with the Division of Adult Probation and Parole to facilitate documentation and monitoring of restitution payments, and that defendants be permitted to use debit/credit cards to pay restitution. The commission also recommends that a crime victim advocate program be established, that the Administrative Office of the Courts and the Division of Adult Probation and Parole jointly develop written policies to enforce compliance with victim restitution in supervised and unsupervised probation cases, and that courts have the authority to garnish defendant wages for default on restitution obligations. Finally, the commission recommends that the Division of Adult Probation and Parole establish written policies and procedures to graduate the intensity of sanctions against probationers who default on restitution payments and study the use of restitution centers as one component of a continuum of sanctions against restitution payment violators and that North Carolina's Victim Compensation Fund be maintained at a fully funded level. Supporting legislation for commission recommendations is appended.