Restitution system broken, official says

Prison board told of need for statewide agency to collect money for victims

Limited communication and conflicting priorities across the state's judicial system have made it difficult to collect victim restitution payments from offenders, a state official says.

The state's collection system for restitution -- a monetary amount a judge can order an offender to pay to a crime victim -- is so disjointed that state officials said they cannot determine the total outstanding amount for the state.

"Something has to change because people are not getting their restitution," Arkansas Board of Corrections member Mary Parker-Reed said at last week's board meeting.

Restitution is collected in a variety of ways across the state. Primarily, individual counties collect the funds, while some judges, prosecutors and courts have their own systems.

The Arkansas Community Correction department collects restitution for Garland and White counties, as well as for all of Perry and Pulaski counties except Divisions 1 and 5 in their 6th Judicial Circuit.

Dan Roberts, Community Correction deputy director, told the prison board that the restitution system needs to be overhauled and that a statewide central agency needs to be established for collection, disbursement and enforcement of all restitution orders in Arkansas.

Making the collection of restitution a priority will reduce recidivism in the future, Roberts told the board. The committee's report quoted a 2002 study of Pennsylvania probationers that found that offenders who paid their court-ordered restitution were less likely to be arrested for a new crime because the offender "has the opportunity to take responsibility for the injury and to accept accountability to the victim and society."

The Community Correction Restitution Committee was established following a study of the state's restitution system by JFA Associates, a nonprofit research group, that concluded the state has "no systemic mechanism for ordering or tracking restitution." The committee compiled a report outlining suggestions for improving the state's collection rate, including:

• Deducting a percentage of wages or balance of prisoner accounts from inmates and/or residents who have a sentence that includes restitution.

• Requiring that all restitution be paid in full before any offender on parole or probation is allowed to transfer out of state.

• Tying public-assistance eligibility to restitution payment compliance.

• Establishing an expectation among the criminal justice community that restitution payments are expected at sentencing.

• Working with the Administrative Office of the Courts to develop a standardized restitution order for use at sentencing statewide.

Roberts said the committee is also recommending that the state Legislature consider measures to put some teeth into the collection process, including:

• Making nonpayment of restitution a civil contempt, which would require payment of a determined amount to avoid incarceration.

• Garnishing wages, state income tax refunds, lottery winnings, gambling proceeds, lawsuit awards, and prisoner wages and accounts.

• Implementing a "Restitution Lien," which would allow victims legal access to offenders' assets if restitution is not paid in full.

Roberts told the board that the proposal is meant as a "starting place" to open discussions and planning.

Board Chairman Benny Magness said he would like to reach out to prosecutors and members of the Arkansas Sheriffs' Association to ask if they would sit on the committee.

"We need to set up a meeting and see how much other entities want to see changed," Magness said.

Parker-Reed praised Roberts and the group for the comprehensive report.

"I really like what y'all did here information-wise," she said. "This is a great starting point."

Metro on 11/30/2015

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