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RDG
online Restitution Discussion Group Archives |
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Dan Roland writes:
I have been assigned to work with a task force that
deals with the economics of crime and is working on a paper proposing
changes in the way restitution is collected in this state. . . .
I am looking for legislation, startup and annual operating
costs, and other documentation as well as information about who tends
to be opposed to such programs and why. I am hoping someone on this
list would like to send me or point me towards some helpful information.
Dan, I think that most of the people on this list are
interested in restitution as a remedy in civil litigation, rather than
in the criminal sentencing context. A web search under "restitution" (using
Lycos, at http://www.lycos.com/) gave
me two pages at the same gopher site, which might be of interest to you:
gopher://cyfer.esusda.gov:70/00/violence/programs/ contains this information:
"Mediation and Restitution Services (MARS) Evaluation Information: Evaluations indicate that 100
percent of juveniles and victims were glad they participated in MARS;
97 percent would recommend mediation; 95 percent of victims rated the
process as "good or excellent"; 70 percent of the juveniles rated it "good
or excellent"; and 30 percent rated it "fair." Since the program's inception,
an agreement has been reached in 98 percent of mediations and only 5 percent
of youths have been rearrested for the same crime.
Annual Budget: $60,000. Program Description: MARS, a program of the Centinela
Valley Juvenile Diversion Project (CVJDP), assists injured parties and
juvenile offenders in working out an agreement for repayment of the victim's
losses caused by the offender. MARS assists the offender in fulfilling
the agreement by referral to job and/or community services placement programs
and monitors the progress toward completion. MARS operates in conjunction
with the school-based mediation program (STARS).
About 130 offenders are referred annually to voluntarily
participate. Criteria for selections are limited to first- or second-time
offenders whose crime lends itself to restitution, such as repayment of
property loss or damage, and to those who are interested in meeting with
the victim to "set things right." Parents are urged to be active participants
by supporting the juvenile and his/her efforts to resolve the matter.
Two trained, certified volunteer mediators conduct about
100 confidential meetings annually where both the injured party and the
youth tell their stories. The meeting lasts about 1 1/2 hours, including
a 20- to 30-minute orientation to explain the procedures prior to the
mediation. An agreement, if reached, is written, detailing how losses
will be repaid, such as through moneys, work, community service, or other
means agreeable to both parties.
Responsibility for the success or failure lies with the
participants. If participation is declined at any time in the process,
or if an agreement is not reached or fulfilled for any reason, the case
is returned to the original agency for action."
The second is:
gopher://cyfer.esusda.gov:70/00/violence/programs/ youth/enforcement/yftuscal.ncj
with this information:
"Tuscaloosa County Juvenile Court Restitution Program
Contact: John Upchurch, Ph.D. Program Type: Alternative sanctions based on restitution
to victims. Annual Budget: $74,948. Program Description: The Tuscaloosa County Juvenile Court
Restitution Program offers an alternative sanction by balancing restitution
to victims with offender accountability. The program uses three approaches
to restitution: (1) monetary payment, (2) community service work, and
(3) paid employment. A fourth component, direct victim service, in which
the offender works for the victim, is favored by program administrators
but readily accepted by few victims because of their reluctance to get
involved with some offenders.
Initially restitution was limited to first-time or minor
offenders, but admission of serious offenders led to equally promising
results. The program does not take offenders who have a violent history,
who have severe emotional problems, or who are chronic drug and alcohol
abusers.
The juvenile and his/her parent must sign a contractual
agreement that spells out the nature of the restitution, the number of
hours of labor or community service to be performed, and the date of completion
as determined by the Tuscaloosa County Restitution Program. Juvenile offenders
may find their own work or may accept a job developed for pay by the program's
staff. Unpaid community service work fills the requirement when there
is no individual victim and no out-of-pocket losses have resulted. Victims
participate by being kept informed of the status of their case and participating
in determining the amount and type of restitution. Youths too young to
have a work permit must perform community service work, and hard-to-place
offenders perform community service work in a crew under close supervision
of the work supervisor. When an offender works for an employer for pay,
he or she pays two-thirds of the money received to the County Clerk, who
in turn distributes it to the victim.
Creating the program raised issues of liability among
court personnel since the restitution undertaking would become part of
the court program. Close supervision and admission guidelines have lessened
such concerns. A restitution coordinator, job developer, and work supervisor
work with the probation department and oversee details related to each
case. Allaying community concerns over public safety is accomplished through
continual community awareness campaigns that emphasize how offenders'
time is occupied and supervised either in paid labor or unpaid community
service.
The program costs considerably less than probation ($500
versus $750 per case) or commitment to the State Department of Youth Services,
which costs upwards of $30,000 for a year of treatment. The program is
a collaboration between local attorneys, vocational educators, State employment
counsellors, parents, business leaders, and university personnel."
Maybe you should contact the National Criminal Justice
Reference Service, which seems to be the source of all of this.
Hope this is of some use to you,
Lionel Smith <== Previous message Back to index Next message ==> |
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