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Bringing Criminal Debt Into Balance: Improving Fine & Restitution Collection

NCJ Number
168418
Date Published
Unknown
Length
27 pages
Annotation
Financial penalties such as fines and restitution constitute an important part of criminal sanctions, but these obligations often remain unpaid and steps must be taken to ensure defendants are held accountable.
Abstract
Since the late 1980's, Federal courts have imposed fines in record numbers. At the end of 1991, the criminal debt inventory exceeded $1.6 billion and continued to grow at an average rate of $40 million per month. In the past, collection attempts have been ineffective and have been hampered by the many separate collection and record keeping efforts of courts. In 1989, the judicial system began to establish procedures and mechanisms for processing financial penalties. The National Fine Center (NFC) was created to keep a centralized data base of information on the payment of fines, restitution, bail forfeitures, and assessments imposed by courts in all felony and some misdemeanor cases. The NFC functions as a tracking and a receiving center and uses the automated Judgment and Commitment Order System to capture the information needed to establish an account. The successful collection and enforcement of fines and restitution orders require the active involvement of all criminal justice personnel, including judges, probation officers, prosecutors, collection attorneys, courtroom clerks, and prison officials. In addition, a well-drafted and enforceable judgment and commitment order is critical to criminal fine and restitution collection. Probation officers have special responsibilities in the monitoring of fine and restitution payments, and prosecutors also play a significant role in ensuring criminal fines imposed in their cases are both collectible and collected. Virtually all criminal fines, special assessments, and bail forfeitures are deposited into the Crime Victims Fund. This fund then distributes the money to States in the form of victim compensation and assistance grants. 1 table and 3 figures