Inquiry Into the Collection of Adult Restitution

Conclusions 1

• CL1 Page 7
  The goals of restitution–holding the criminal accountable, compensating the victim, and providing a measure of deterrence–are defeated if the consequences of not paying are minimal. The restitution process involves at least five organizations (the courts, DA, Probation, Revenue, and VWAC) that must work together in order to increase the current low collection rates. With the number of players involved and no lead agency, there are bound to be problems with communication, coordination, and thoroughness. While these problems are now compounded by limited and shrinking resources, it is important to note that collection rates (about 40%) were not substantially higher in the past. Collecting restitution is not easy. The criminal justice system is not filled with contrite criminals opening their wallets to deserving victims. But a difficult task is made more difficult when the task is divided and there is no real accountability for poor performance. Finding I Many county agencies are involved in setting and collecting restitution, yet none has oversight authority over the process. 7 Recommendation I The Board of Supervisors should appoint a lead agency to reorganize the restitution collection process so that it is more transparent and understandable to victims. The lead agency should be responsible for: 1) increasing communication and coordination between agencies and 2) improving performance and outcomes in the collection of restitution. Finding II Statistics for the last five years show a county restitution collection rate of about 40% of the dollars owed. Recommendation II Revenue should, with victim permission, engage the services of a professional collection agency to collect outstanding restitution, adopt some practices of the no-nonsense child support payment system, such as wage assignments, liens, license revocations, benefit intercepts, and contempt citations, place restitution debt on a criminal’s credit report, and consider using uniformed sheriff deputies as debt collectors if criminal payments have ceased. Finding III State prison parolees are, in practice, outside the restitution collection system. Recommendation III The DA should request to be notified when state prisoners are released on parole to the county so that efforts can be made to collect restitution. Finding IV The state formula for disbursing monies to victim assistance centers is based on rates of a few selected crimes, primarily those that are filed with DAs. The number of victims served is not the major factor in the formula. Recommendation IV County agencies involved with victim restitution should lobby state authorities to alter the formula so that it distributes money more equitably on the basis of victims served. 8 PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 25th day of May 2004. ________________________________ Richard H. Woodward Foreperson 9 References Documents California Penal Code, "Article 2: Local Assistance Centers for Victims and Witnesses, Section 1385-1385.10. California State Board of Control, Pamphlet: "How to Enforce Your Restitution Order as a Civil Judgment." County of Santa Clara Department of Revenue, FAX re: Victim Restitution Recovery, 5 Years, February 17, 2004. County of Santa Clara, Department of Child Support Services, website: scvmed.org/channel/ Department of Probation, "Projected Revenue FY 03." Department of Probation: Booklet: Restitution in Probation. Department of Probation: Description of Responsibilities, "Deputy Probation Officer I, II and III." Judicial Council of California, Pamphlet: "Crime Victims' Compensation." Office of the District Attorney, DRAFT "Notice of Failure to Pay." San Jose Mercury News, "Counties Rated on Use of Funds for Crime Victims," March 9, 2004. Victim Compensation and Government Claims Board, Pamphlet: "General Information, Victim Compensation Program." Victim Compensation Board, Chart and Diagram: "Adult Restitution." Victim Witness Assistance Center, "Informational Pamphlet." Victim Witness Assistance Center, "Summary of Victim Witness Assistance Center Contracts for FY 03-04;" "Dollar Amount of Compensation Awarded in Each County;" "Dollar Amount of Compensation Awards Processed in Each Verification Center;" "Statement of Loss Questionaire." Victim Witness Assistance Center, Diagram: "Revenue Generated by the Criminal Justice System." Victim Witness Assistance Center: "Victim Compensation Quick Reference Guide." 10 Interviews Director of Victim Witness Assistance Center, September 3, 2003, September 23, 2003. Department of Probation, October 31, 2003, December 15, 2003. Department of Revenue, November 4, 2003. Office of the District Attorney, January 30, 2004, February 4, 2004. Numerous telephone discussions with all of the above offices. 11

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.