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NCJRS Abstract

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NCJ Number: 73612 Add to Shopping cart Find in a Library
Title: Criminal Must Pay! Restitution in New York State
Corporate Author: New York State
Senate Minority Task Force on Criminal Justice
United States of America
Date Published: 1980
Page Count: 52
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
New York State
Albany, NY 12247
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: This report examines the infrequent use of restitution and community service work by both juvenile and adult courts in New York and compares it to the more extensive and successful use in other States; legislative and administrative recommendations are made.
Abstract: In 1978, less than 4 percent of the juveniles arrested for property offenses paid restitution through the family court. Moreover, the New York City Family Court has no formal restitution program. This sparse use of restitution contrasts with one recent national survey which found that 70 percent of all juvenile court property cases resulted in a restitution order. In 1978 in New York City, restitution was only ordered in 4 percent of adult property offense cases. Restitution collections through probation departments have increased over 109 percent between 1970 and 1978. However, in high crime areas such as Suffolk and Erie counties, collections decreased between 1977 and 1978. If restitution programs similar to those in Georgia or in Seattle, Wash., were implemented in New York City, over $128.5 million a year could be saved from the $178 million spent annually on incarcerating property offenders. If a statewide intensive supervision probation/restitution program was implemented and residential restitution centers were created, $40 million could be saved from the N.Y. Department of Correctional Services and Division for Youth's operating and capital construction budgets. A presumption of restitution, including a community service work alternative, should be a condition of probation or discharge for all convicted juvenile and adult property offenders. Standard procedures should be established for imposing a restitution sentence, determining the amount, and dealing with the nonpayment. Additional recommendations cover the use of Federal funds and call for collection and reporting procedures for these cases. Tabular data are provided. (Author abstract modified).
Index Term(s): Adult offenders; Juvenile restitution; New York; Property crimes; Restitution; Restitution programs
Note: Report of the Senate Minority Task Force on Criminal Justice.
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