NCJ Number
49558
Date Published
1978
Length
9 pages
Annotation
AN EXPERIMENTAL RESTITUTION PROGRAM AIMED AT NONVIOLENT, FIRST-TIME OFFENDERS BROUGHT BEFORE THE WINONA COUNTY, MINN., COURT IS DESCRIBED.
Abstract
THE BASIC PREMISE OF THE PROGRAM IS TO IMPOSE POSITIVE SENTENCES THAT WILL BENEFIT THE VICTIM, THE COMMUNITY, AND THE OFFENDER. THE PROGRAM IS BASED ON THE PRINCIPLE THAT IT IS THE RESPONSIBILITY OF THE WRONGDOER TO MAKE AMENDS TO THE VICTIM OR TO THE COMMUNITY AS A WHOLE WHILE ENGAGING IN CONSTRUCTIVE ACTIVITIES TO ENHANCE HIS OR HER SELF-ESTEEM AND SOCIAL POSITION. USING THIS PRINCIPLE, THE COURT IMPOSES PENALTIES OF REPAYING THE VICTIM (MONEY OR SERVICES), REPAYING THE COMMUNITY (WORKING FOR A CHARITABLE ORGANIZATION), AND PARTICIPATING IN CONSTRUCTIVE ACTIVITIES (E.G., ATTENDING VOCATIONAL SCHOOL OR ALCOHOLICS ANONYMOUS). WITH THE GUIDANCE OF COURT OFFICERS, OFFENDERS CHOOSE THEIR OWN SENTENCES. IF OFFENDERS FAIL TO CARRY THROUGH THEIR SENTENCES, THE COURT IMPOSES A TRADITIONAL FINE OR JAIL SENTENCE. RESTITUTION PROGRAM PARTICIPANTS INCLUDE PERSONS CONVICTED OF SUCH OFFENSES AS DISORDERLY CONDUCT, THEFT, SIMPLE ASSAULT, SHOPLIFTING, DRIVING WHILE INTOXICATED, RECKLESS DRIVING, AND VANDALISM, AS WELL AS PERSONS WHOSE ECONOMIC STATUS MAKES FINES AND JAIL SENTENCES INAPPROPRIATE PENALITIES. WHEN THE CRIME INVOLVES A VICTIM, THE VICTIM IS CONTACTED ABOUT THE LOSS SUSTAINED AND IS REPAID IF AT ALL POSSIBLE. FOR 815 OFFENDERS INVOLVED IN RESTITUTION SENTENCING DURING 1973, 1974, 1975, AND 1976, THE RECIDIVISM RATE WAS 2.7 PERCENT (COMPARED TO 27 PERCENT FOR OFFENDERS SENT TO THE WINONA COUNTY JAIL). PLANS TO EXPAND THE RESTITUTION PROGRAM ARE NOTED. SUPPORTING DATA AND DOCUMENTATION ARE APPENDED. (LKM)