Tarrant County, Texas Community Supervision and Corrections Department

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   If appropriate confront the probationer for the purpose of dispensing with any fabrications, game playing, testing of the probation officer, or other nonsense that might obstruct a genuine meeting of the minds as to what the probationer must do.
   

Casework

As part of the casework process, the probation officer will:

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   Investigate as necessary and address in the supervision plan what the probationer must do to overcome any obstacles and pay fees (this may include completing a budget worksheet), and communicate the supervision plan to the probationer.
   

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   If the probationer falls behind an amount equal to three monthly payments and reports an income source, refer the probationer to the Personal Budgeting Course. During the Personal Budgeting Course, the probationer will establish a schedule for payment of past due fees, and the probation officer will update the case supervision plan to reflect the payment schedule determined through the budget course.
   

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   If the probationer claims payments were not or cannot be made because of a medical condition, whether temporary or permanent, the probation officer will instruct the probationer to furnish a physician’s statement to substantiate the medical condition and investigate the probationer’s income and expenses. A medical condition does not necessarily relieve the responsibility to pay court ordered fees.
   

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   If a probationer is able to work, but is unemployed, the probation officer will take appropriate measures regarding employment (Adapted from Tarrant County, Texas Community Supervision and Corrections Department Policy and Procedures Manual).
   

Some restitution programs have developed mechanisms for assisting offenders to meet their obligations to pay restitution. One of these is automated notices (invoices) of payments due. Many of the automated programs can routinely generate such reminder messages without much staff time required. Thirteen percent of the respondents to the survey indicated that they sent monthly invoices to offenders. These may be sent on a routine basis, or they may be sent only when accounts are in arrears.

An example of a statement sent to offenders by the Utah Department of Corrections is included in Chapter 7. The Dakota County, Minnesota Community Corrections agency, which is described later in this chapter, recently conducted a project to test the efficacy of various enhanced collection efforts on the rate and timeliness of restitution collection. They divided juvenile offenders owing restitution into three groups:

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   those who received monthly letters stating the balance of restitution they owed,
   

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   those who received an initial letter informing them of the amount of restitution owed and then received monthly calls from a volunteer who spoke with both offenders and parents, and
   

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   those who received only an initial letter informing them of the amount of restitution owed and had no further contacts.
   

After six months, the project found the following outcomes illustrating the effects of regular contact with offenders regarding their restitution payments:

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   59% of youth in the first group who received monthly letters had paid restitution in full or in part during the period,
   

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   70% of youth who received monthly phone calls had paid restitution in full or in part during the period, and
   

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   42% of youth who received no follow-up after the initial letter had paid restitution in full or in part during the period.
   

Another important casework task is that of gathering and updating information on both victims and offenders. Victims’ contact information must remain current so they can receive restitution amounts they are due. The case manager often is in the best position to obtain this information and forward it to the person or agency responsible for payments. Similarly, information on offenders must be updated regularly. There should be plans in place to regularly verify offenders’ addresses, financial information, and other related data.

Finally, several programs responding to the survey reported that case managers supervising offenders were required to review the status of restitution payments periodically. This was stipulated to occur within a prescribed timeframe by several programs, varying from one to six months prior to case closure. Some program policies specified that payment schedules should be developed so that restitution was paid in full several months before the end of the offender’s probation or parole period. The case manager reviews the account then and notifies the court or paroling authority if payments are in arrears and the offender is not going to be able to complete expected payments by the end of his or her scheduled supervision period. In such cases, the court or paroling authority can take appropriate actions, such as extending or revoking probation, or making some other stipulations.

Programs That Increase Offenders’ Ability to Pay

Offender indigence is often cited as an obstacle to effective restitution programs. Many offenders, especially juveniles, do not have adequate incomes to repay the losses they caused victims. Restitution is one of several financial obligations that offenders may have. Beyond restitution, they may have obligations to pay fees, fines, and court costs within the criminal or juvenile justice system. Adult offenders may have families to support as well as their own livelihood.

Restitution programs, however, can assist offenders in paying their restitution in several ways, including:

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   Employment opportunities,
   

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   Budgeting assistance,
   

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   Community service, and
   

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   Performing services for victims.
   

The following program illustration depicts examples of several of these strategies for assisting offenders to pay their restitution obligations.

To help youth complete their obligations to perform community service and earn money for restitution, the agency developed Youth Re-Pay Crews for those who were not employed and could not pay restitution. Through the agency’s contracts for various jobs, youth perform work tasks and the agency receives the money for a restitution fund. As youth work, their hours are credited, and their victims are paid from this fund.
This program now is available to youth and adults both in detention or jail and on release status in the community. For youth and adults in detention or jail, special work crews are available, and they are supervised while completing projects outside the facility. If offenders have not achieved an appropriate level that allows them to leave the institution to work, they are engaged in work within the facility. The money they earn goes toward victim restitution first.

(Community Corrections Program Materials; S. Haider, personal communication, October 11, 1999)

Work Programs for Incarcerated Offenders

About one-third of the respondents to the survey indicated they were aware of work programs within incarceration facilities for adult offenders that help inmates earn money for restitution payments. However, slightly less than ten percent of respondents were aware of such programs in juvenile custody facilities. Figure 6c depicts the percentages of work programs for incarcerated offenders for both adults and juveniles known by survey respondents.

Respondents were asked to describe work programs for incarcerated offenders. Their responses included the following types of work programs:

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   Work release, work release centers, work camp (29 responses),
   

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   Institution work, correctional industries, jail work crews (16 responses),
   

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   Community service (5 responses),
   

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   Restitution Centers (3 responses),
   

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   Prerelease work program (1 response), and
   

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   Job search help (1 response).
   

Additionally, some respondents indicated how restitution was collected from incarcerated offenders. These included the following:

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   A percentage of earnings collected is paid to restitution.
   

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   Employed inmates make monthly payments to restitution.
   

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   Wages earned in certain work programs are required to be saved for restitution payments.
   

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   Prisoners who work while incarcerated can have wages garnisheed for outstanding restitution fees.
   

Similarly, for juveniles sentenced to juvenile detention or custody facilities, respondents were asked to describe any work programs utilized. The following types of programs were reported:

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   Juvenile work crews (5 responses),
   

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   Community service (4 responses),
   

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   Weekend work project (2 responses), and
   

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   Other work programs (5 responses).
   

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   Common perceptions are that it is difficult to collect restitution from incarcerated offenders because they have no opportunity to work. However, several programs have found innovative work opportunities. At the Pine Hills Youth Correctional Facility in Montana, youth may work for the local hockey association helping to set up facilities before games. They also help local ranchers with branding, cutting trees, and other tasks. Presently, the youth are involved in building a new restitution building on campus which will provide a place for them to do various jobs to earn money for restitution during the cold winter months when they cannot work outside (M. Phillips, personal communication).
   

The California Youth Authority has developed the Free Venture Program which contracts between private industries and corrections for jobs and training for youth. Youth must agree that 15 percent of their earnings will go to restitution. The Authority also has institutional jobs youth can perform to earn minimal pay. This goes directly to the youth’s trust account, 50% of which can then be used to pay restitution obligations (T. Hall, personal communication, May 4, 1999).
Work Programs for Offenders in the Community

Another question on the survey asked respondents to indicate which of several strategies listed were used for gathering restitution information and/or collecting restitution. The approaches that increase the likelihood offenders will pay by providing programs that improve their opportunity to pay are shown in Figure 6d.

Community Service . A common issue among criminal and juvenile justice agencies involved in the restitution process is the offender’s inability to pay restitution. This is often the case among juvenile offenders, and many adult offenders are without adequate employment as well. Occasionally, victims do not wish to have the offender pay restitution to them, or victims do not provide information to allow the courts to impose restitution requirements. One option in these situations is to allow offenders to perform community service in lieu of monetary restitution. Most programs indicating this option mention that it is only one of several alternatives in the restitution process, and it is used infrequently when other choices are not available.

Community service is an option used more frequently for juveniles than for adults. Slightly more than one-fourth of the agencies responding to the survey indicated that they may allow offenders to perform community service in lieu of monetary restitution. Of those agencies indicating this as a means of collecting restitution, 14 percent served only juveniles, 28 percent served only adult offenders, and 52 percent worked with both adult and juvenile clients (data on program population were not provided for 7 percent of the programs). Of all agencies represented in the survey, only 6 percent served solely juvenile clients; thus, agencies using community service as an option for youthful offenders were overrepresented in comparison to all respondents, and those offering community service as an option for adult offenders (28%) represented fewer that the proportion of agencies serving only adults among all survey respondents (37%).

Some innovative programs, such as the one in Pima County, Arizona, have developed community service options that actually provide restitution payments to victims. The juvenile Restitution Accountability Program, operated by the Pima County Juvenile Court (Probation Department) uses community service as a means of compensating victims. In this case, the community benefits from the work juveniles do, and victims are compensated for their losses from a compensation fund. The goals of the program are to:

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   promote communication between victim, offender, and the court;
   

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   require the juvenile offender to be accountable for paying restitution to the victim;
   

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   increase the juvenile offender’s competence and respect for the law; and
   

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   provide service to the community.
   

The program is geared primarily toward youth who are too young to be employed. They are scheduled to perform community service under the supervision of the CREW program, and for every hour they work, their victim is paid $5.00. The program is supervised by court personnel, and youth work at projects such as the Graffiti Abatement program painting over graffiti that has damaged community structures; cleaning streets, parks, and the baseball stadium; and special projects at schools. Work crews also assist nonprofit organizations such as the Food Bank, Salvation Army, and Veterans Hospital. The youth are credited for each hour of community service work they complete. Initially, the program used funds from the Saguaro Rotary Foundation’s Juvenile Victims Compensation Fund. The State now provides funding through the Victims Compensation Fund (B. Bahrychuk, personal communication, September 13, 1999).
Wage Assignments. For employees with earned income, either voluntary or mandatory wage assignments may be arranged to ensure payment of restitution. In a voluntary situation, the offender makes arrangements with his or her employer to deduct from wages the required restitution amount on a regular basis and forward payment to the proper agency. This can be a convenience for offenders who may not want to handle the payments regularly or may not manage money well. However, some small employers may not be accustomed to such procedures and may not agree to do this at the request of an employee. Some employers may require an official order or request from the court or another justice agency before setting up the wage assignment process, but such orders may be made at the request of the offender.

Mandatory wage assignments usually are invoked after an offender’s restitution payments are in arrears. However, in Florida and Alabama, State laws permit the court to issue an income deduction order at the time restitution is ordered (Godwin & Seymour, 1999). In several states, the court may order that the employer deduct a specific amount from the offender’s paycheck and forward the payment to the restitution collection agency. Procedures for doing this are included in the Maryland Division of Parole and Probation’s Policy and Related Documents for the Collection of Restitution shown in Exhibit 6h.

Maryland Division of Parole and Probation


Policy and Related Documents for the Collection of Restitution
Order for Probation and Earnings Withholding Order

A. The court may issue an immediate and continuing earnings withholding order in an amount sufficient to pay the restitution:

1. At sentencing;

2. When the defendant is placed on work release or probation;

3. When the payment of restitution is delinquent.

B. If a court orders an earnings withholding order:

1. The Clerk of the Court immediately shall:

a. Serve a copy of the earnings withholding order on any current or subsequent employers of the defendant, if known;

b. Mail a copy of the earnings withholding order to the defendant at the last known address or place of incarceration of the defendant, if known.

2. A defendant immediately shall notify the court and the Division [of Parole and Probation] of:

a. Any objection to an earnings withholding order;

b. The current address of the residence of the defendant, the name of the employer and the work address of the defendant, or any change of employer, residence, or work address of the defendant.

3. An employer who is served with an earnings withholding order immediately shall notify the court and the Division [of Parole and Probation] of the following information:

a. Any justification for an employer’s inability to comply with the earnings withholding order;

b. The address of the residence of the defendant on the termination of employment;

c. Information regarding the new place of employment of the defendant;

d. That the defendant has been re-employed by the employer.

4. Unless the information has previously been provided to the court, the Division shall notify the court by using the Notice of Earnings Withholding (DPP-COL-2) of any current or subsequent address of the residence of the defendant.

a. When the offender has changed employment, the agent/monitor shall request that the Clerk of the Court serve the earnings withholding order on the new employer.

b. The agent/monitor shall send a Notice of Earnings Withholding form (DPP-COL-2) to the Clerk of the Court, which includes the offender’s name, residence, employer and employer’s address (complete business address), court’s docket number and tracking number, Parole and Probation’s case number and the following paragraph:

“On _____________ the court issued an earnings withholding order in this case. The offender has changed employers, and it is requested that the earnings withholding order be served on the new employer.”
5. An earnings withholding order is binding on each present and future employer of the defendant who has been served with the order.

. . . .

E. The payment amount under an earnings withholding order shall be 20 percent of the earnings of a defendant. If the restitution obligation of the defendant is considered to be delinquent, the court may impose a payment amount in excess of 20 percent. Any amount ordered must be in accordance with all state and federal laws.

F. A defendant or employer of a defendant who violates these provisions is subject to a fine not to exceed $250.00.

G. When it is determined that an employer or a defendant is not complying with an earnings withholding order, the agent/monitor shall notify the court on the Supervision Summary (DPP-SUP-42).

Del Norte County, California

Superior Court

Notice to Employer/Payer (a) You are required to deduct from the defendant’s income the amount specified in the income deduction order, and to pay that amount to the Central Collections Unit. (b) You are to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on you. (c) You must forward, within two days after each payment date, to the Central Collections unit, the amount deducted from the defendant’s income and a statement as to whether the amount totally or partially satisfies the monthly amount that’s ordered to be paid. (d) If you fail to deduct the proper amount from the defendant’s income, you can be liable for the amount you should have deducted, plus costs, interest and reasonable attorney’s fees. (e) You can collect up to five dollars ($5) against the defendant’s income to reimburse the payer for administrative costs for the first income deduction, and up to one dollar ($1) for each deduction thereafter.		(f) This order is binding until further notice by the court or until the employee is no longer employed. (g) If the defendant is no longer employed, you must instruct the Central Collections Unit, and provide the last known address for the defendant, and the name and address of the new employer, if known. If this provision is violated, you can be subject to a civil penalty of $250.00 for the first violation and $500 for any subsequent violations. (h) You cannot fire, refuse to employ, or take disciplinary action against the defendant because of an income deduction order. Violations of this provision subjects an employer to a civil penalty not to exceed $250.00, and $500.00 for subsequent violations. (i) If you receive an income deduction order for two defendants to the same payee, you can combine the amounts that are to be paid in a single payment, and identify which portion goes to each account. (j) If you receive more than one income deduction order against the same defendant, please notify the Central Collections Unit.

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