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  • Victim Restitution Process

  • Victim Restitution Process

    The Process of Restitution

    In examining the obstacles or barriers that may be operating against optimal restitution management in a given jurisdiction, it is critical to understand that restitution, as a process, involves literally every agency within the criminal justice system and its successful collection depends upon every agency effectively doing its own job in a long line of interrelated tasks. Restitution involves the coordination of multiple tasks by numerous professionals in separate agencies and departments of the criminal justice system; it can be imposed at any stage from commission of the crime to the post-supervision period. Unless the successful management and collection of restitution is a jurisdictional priority, it is highly likely that at some point along the line, restitution will fall through the cracks.

    Key parties to the process of restitution include victims, offenders, law enforcement officers, prosecutors and victim-witness personnel, defense counsel, the judiciary and other court personnel, probation officials, corrections officials, and parole boards. These parties, alone or in combination, must coordinate and accomplish the numerous tasks of criminal restitution, which consist mainly of the following:

      Apprehension of the offender.

      Determination of eligibility for restitution.

      Consultation with the victim to determine losses.

      Consideration of restitution in plea negotiations.

      Preparation of presentence investigation report.

      Assessment of defendant's ability to pay.

      Determination of payment schedule.

      Order of restitution.

      Monitoring and enforcement of restitution orders.

      Imposition of restitution conditions following period of incarceration.

      Application of sanctions for nonpayment.

      Collection of restitution payments.

      Amendment of payment schedules.

      Distribution of funds to victims.

      Imposition of available civil remedies (i.e., automatic civil judgment).
    In view of the multiple parties and tasks involved in the process of restitution, the establishment of restitution as a jurisdictional priority is absolutely critical to its successful implementation as a remedy for crime victims.

    This information came from a
    US DOJ online article.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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