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NEW LOOK AT RESTITUTION - RECENT LEGISLATION, PROGRAMS AND RESEARCH

NCJ Number
52413
Journal
Judicature Volume: 61 Issue: 8 Dated: (MARCH 1978) Pages: 348-357
Author(s)
S CHESNEY; J HUDSON; J MCLAGEN
Date Published
1978
Length
10 pages
Annotation
A SUMMARY OF RESTITUTION LEGISLATION PASSED IN 1976 AND 1977, THE RESULTS OF A NATIONAL SURVEY OF RESTITUTION PROGRAMS, AND AN OVERVIEW OF RESEARCH IN RESTITUTION ARE PRESENTED.
Abstract
SIXTEEN STATES ARE CONSIDERING OR HAVE ALREADY ENACTED SOME FORM OF LEGISLATION ESTABLISHING A MECHANISM BY WHICH OFFENDERS CAN COMPENSATE THE VICTIM FOR THE LOSSES THEY HAVE CAUSED. MOST RESTITUTION PROPOSALS AND LAWS FALL INTO THREE CATEGORIES: RESTITUTION AS A COMPONENT OF THE ROUTINE SENTENCING OF ADULTS; RESTITUTION AS A SPECIFIC CONDITION OF THE DISPOSITION OF JUVENILES; OR RESTITUTION AS A GOAL TO BE ACHIEVED THROUGH SPECIAL PROGRAMS. A MAJOR PROBLEM OF RESTITUTION LEGISLATION IS ITS FAILURE TO ARTICULATE THE SPECIFIC PURPOSE OF RESTITUTION. A MAIL SURVEY OF ALL STATE PLANNING AGENCIES AND STATE CORRECTIONAL AGENCIES (89 AND 94 PERCENT RESPONSE, RESPECTIVELY) IDENTIFIED 54 RESTITUTION PROJECTS AND PROGRAMS, MOST OF WHICH ARE NONRESIDENTIAL AND SERVE ADULT OFFENDERS. TWENTY-SIX OF THE PROGRAMS ARE ADMINISTERED BY STATE-LEVEL AGENCIES, 19 BY COUNTY-LEVEL PROBATION DEPARTMENTS. MOST OF THE PROGRAMS PERMIT OFFENDERS TO MAKE RESTITUTION IN THE FORM OF MONEY OR SERVICES, DEPENDING ON THE OFFENDER'S SITUATION. THE PROGRAMS GENERALLY DISCOURAGE ANY RELATIONSHIP BETWEEN THE VICTIM AND THE OFFENDER DURING RESTITUTION. OFTEN RESTITUTION SUPPLEMENTS ANOTHER SANCTION, SUCH AS PAROLE OR PROBATION. A MAJOR SHORTCOMING IS THE FAILURE TO MAKE RESTITUTION PART OF THE PRISON PROGRAM. THE SURVEY FOUND NO PRISON IN WHICH INMATES COULD MAKE RESTITUTION FROM THEIR EARNINGS. RESEARCH IN RESTITUTION HAS PURSUED THREE OBJECTIVES: TO DESCRIBE THE MANNER AND EXTENT TO WHICH RESTITUTION IS BEING USED; TO DETERMINE ATTITUDES TOWARD THE PRACTICE; AND TO EVALUATE SPECIFIC PROGRAMS. DESCRIPTIVE STUDIES IN MINNESOTA AND OREGON INDICATE HIGHER USE OF RESTITUTION BY THE COURTS THAN WAS EXPECTED. OTHER FINDINGS ARE THAT RESTITUTION IS USED MOST OFTEN IN PROPERTY CRIMES, AND THAT RESTITUTION USUALLY IS FINANCIAL RATHER THAN SERVICE-ORIENTED. WITHOUT EXCEPTION, ATTITUDE STUDIES HAVE FOUND THAT MOST PEOPLE FAVOR THE USE OF RESTITUTION, ALTHOUGH SUPPORT FOR SPECIFIC TYPES OF RESTITUTION AND PERCEPTIONS OF PROBLEMS WITH ITS USE VARY. MAJOR EVALUATION STUDIES WERE CONDUCTED FOR THE MINNESOTA RESTITUTION CENTER AND THE GEORGIA DEPARTMENT OF CORRECTIONS RESTITUTION SHELTER PROGRAM. A MULTIYEAR EVALUATION OF SEVEN ADULT RESTITUTION PROGRAMS IS UNDERWAY, AND A MAJOR EVALUATION EFFORT COVERING RESTITUTION PROGRAMS FOR JUVENILES IS BEING PLANNED BY THE INSTITUTE FOR POLICY ANALYSIS IN OREGON. IT IS CONCLUDED THAT ENTHUSIASM FOR RESTITUTION IS GROWING, BUT THAT A BETTER UNDERSTANDING OF RESTITUTION METHODS AND EFFECTS IS NEEDED. TABLES SUMMARIZE RESTITUTION LEGISLATION PASSED OR PROPOSED IN 1976 AND 1977, AND THE MAJOR FEATURES OF EACH RESTITUTION PROGRAM IDENTIFIED IN THE SURVEY.

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