Monitoring and enforcement of restitution orders

Exhibit 6i from the Del Norte County, California Municipal Court provides an example of a computerized form for ordering income deductions for restitution. The forms are generated from a Microsoft Access database. When the judge has signed the order, both the employer and defendant receive copies with the instructions shown in the second part of Exhibit 6i. A variation of wage assignments may be implemented for incarcerated offenders as well. Several custodial facilities, both adult and juvenile, require set-offs or deductions from money that inmates earn or other funds they may receive. (See additional information in Chapter 7 on collections.)
Parental Liability. Minors generally are not considered to be fully responsible for their behavior and financial obligations because of their immaturity. Therefore, some jurisdictions hold parents or legal guardians liable for restitution their children owe. Parental liability laws are based upon the assertion that parents’ failures to supervise and control their children contribute to their delinquency. However, this theory is challenged by some critics who argue that a child’s mental illness, substance abuse, or peer influences may hinder parents’ attempts to monitor their children. Parental liability laws also are criticized by some restorative justice proponents who believe they diminish a juvenile’s personal accountability for his or her behavior (Godwin & Seymour, 1999).

In the survey conducted for this project, slightly more than 16 percent of respondents reported that parental liability for juvenile offenses was a means used for collecting restitution. Parental liability may be “joint and several,” meaning that if the child does not fulfill his or her restitution obligation, the parent or guardian is fully responsible for it. State laws may limit the monetary liability based on the severity of the crime, whether it was a property crime or it resulted in personal injury, and whether or not a firearm was used during the crime. State laws vary as to whether parents are liable for restitution after a child reaches the age of majority. Other alternatives are apparent among state laws for addressing unpaid restitution when a juvenile reaches majority including the termination of orders, enforcing orders until they are fully paid, and converting joint and several liability orders to civil judgments. Some laws regarding joint and several liability stipulate that parents’ ability to pay must be assessed and they must provide proof if they are unable to pay the restitution order (Godwin & Seymour, 1999).

Paid Work Opportunities. Many offenders do not have the means to pay their debts to their victims without assistance in gaining employment. Often, offenders, especially juveniles, do not have jobs or other sources of income and, therefore, cannot pay restitution. Several programs have developed innovative approaches that help offenders earn money to pay restitution. Many of these are juvenile programs, but similar strategies also might be used with adults.

In 1987, the Juvenile Probation Department in Lehigh County, Pennsylvania began a recycling program to help youth earn money to pay restitution. They accepted only newspapers and aluminum cans, and community residents had to drop off these items at a designated place. The youth then sorted the items and turned them in for cash. The money went to the restitution fund and was paid to victims owed restitution by the youth based on the hours the youth worked in the recycling program. That first year, the department collected about 3,000 pounds of recyclables. Later, Pennsylvania adopted mandatory recycling, and Lehigh County and the City of Allentown allowed the Juvenile Probation Department to continue and expand their recycling program. In 1995, the youth processed 4.6 million pounds of recyclables including newspapers, aluminum cans, glass, plastic, cardboard, and telephone books. All money earned through the recycling program goes to the restitution fund. Youth working in the recycling program and elsewhere in the county at supervised community service sites are credited for the hours they work, and their victims are paid from the fund based on what they “earn.” Recently, youth have been involved in building Habitat for Humanity houses, and a garden project where the food grown is donated to a local food bank (T. Ganser, personal communication, October 15, 1999).

The Pima County, Arizona Juvenile Court Restitution Accountability Program, discussed earlier under the topic of community service, also offers employment opportunities for youth. The Restitution Accountability Program provides youth with a pre-employment/job skills class to prepare them for a successful work experience. The “Pledge-A-Job” component of the program supplies job referrals and schedules interviews for youth over 16 years of age who have completed the pre-employment/job skills training. Youth and their parents are required to sign the program conditions, shown in Exhibit 6j, which stipulate they must pay two-thirds of their net earnings as restitution. Their payments are made to the Clerk of the Superior Court who, in turn, sends monthly payments to the victim. Workout, Ltd. (mentioned previously in Chapter 4) was started in Colorado Springs, Colorado in 1974 by a local judge and the chief probation officer, and it has been replicated in several other areas of the State. Referrals for the program come from Juvenile Court, Juvenile Probation, the District Attorney’s Diversion Program, and the Colorado Springs Municipal Court. The program has several work crews of five youth each who are supervised by one staff member. The agency solicits jobs for the work crews, such as contracts with building contractors to clean up construction sites, landscaping contracts, graffiti removal, and light home repairs. Youth in the program receive a base pay of $3.00 per hour, but they can achieve daily bonuses that raise their pay, which usually increases the rate to about $5.00 per hour. Beyond these pay increases, the program gives youth incentives, such as certificates for fast food restaurants, as rewards for good work. Most of the youth’s earnings are paid to their victims for restitution, but they may keep 15 to 20 percent for themselves. Another phase of the program is apprenticeships through which youth are placed individually with private employers. During the first three months of their placement, they work for Workout, Ltd. and the employer pays the program which, in turn, pays the youth. After three months, if the employer is satisfied with the youth’s work and the youngster wants to continue in the job, he or she is hired by the employer. The time youth spend in the program varies considerably -- from one month to one-and-one-half years. Approximately 900 youth participate in the program each year. Funding for the programs comes from the Division of Criminal Justice, Juvenile Probation Department, the City and County governments, private foundations, and donations (B. Lehrman, personal communication, September 14, 1999).

In Denver, Colorado, the District Attorney’s Office runs a juvenile diversion program with a work component. Eligible youth are first-time offenders, but they may have committed either felony or misdemeanor offenses. The majority of youth in the program are 14 to 16 years old, but about 14% are between 10 and 12 years old. Through the ARTT program – Acquiring Restitution Through Talent – youth make various items that are sold, and the money earned is used to pay restitution. Among the items the youth make are wooden pens and pencils, key chains, kaleidoscopes, painted silk scarves, ceramics, and other items. They are sold at conferences, fairs, and to various corporations. Not only does this program hold youth accountable for paying restitution, but they also learn to work together, gain a sense of accomplishment, and are not spending time on the streets. Besides the ARTT component, the diversion program offers a comprehensive array of services including cognitive treatment, family therapy, tutoring, and drug and alcohol screening. Youth generally stay in the program a minimum of six months, and the average stay is twelve months. The Program Director estimates about 60 percent of youth complete the program successfully, and of those who have successfully completed, only four percent have committed further offenses. Youth who do not comply with the program are returned for processing through court. The program is funded through the District Attorney’s general operating fund and through a grant from the Colorado Division of Criminal Justice (R. Huerter, personal communication, September 8, 1999).

The Juvenile Detention program in Coa (Kootemai County), Idaho developed the W.I.L.D. program as a means for controlling the detention population. The program name stands for Work In Lieu of Detention. Some youth are allowed to remain at home rather than being detained, but they must report daily for work projects. The program has now expanded to include work opportunities for youth who owe restitution and are not able to earn the money in other ways. The program has developed several interesting contracts for work projects including grounds maintenance of a local cemetery, cutting wood, and special projects in local schools when the weather prohibits outside work. A part-time staff member serves as a mentor and supervisor to crews of six or seven youth. Recently the program has instituted an employment and life skills training component for youth that is conducted by VISTA volunteers (D. Tenneson, personal communication, September 23, 1999).

A variety of sources supply examples of other innovative employment opportunities for offenders owing restitution, including the following:

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   In Erie, Pennsylvania, the Juvenile Probation Department has a nonprofit affiliate called Erie Earn-It Janitorial Services, Inc. It has contracts to clean the courthouse, a public library, and a social services agency. Youth perform the work in the late afternoons. Seventy-five percent of their earnings are paid to victims, and the youth may keep 25 percent (Rubin, 1994; Welch, 1987).
   

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   In Quincy, Massachusetts, probationers in the “Earn It” program cleaned up a local waterfront, and the difference was so apparent, small businesses began relocating into the area (Welch, 1987).
   

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   The Denver Area Youth Services agency has a Rent-A-Teen program which contracts with public housing programs to shovel snow, cut grass, and do some property maintenance tasks for repossessed, unoccupied homes (Rubin, 1994).
   

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   Youth in Bend, Oregon chop wood for campers in State parks, clean irrigation ditches and improve parks and playgrounds (Welch, 1987).
   

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   In Madison, Wisconsin, juveniles unload newspapers from trash-collection trucks and reload them on trucks that take them to a recycling plant (Rubin, 1994).
   

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   In Grand Junction, Colorado, youth cut and maintain hiking trails through a contract with the U. S. Forest Service (Rubin, 1994).
   

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   Youth in Waterloo, Iowa may be assigned to paint in nursing homes through a contract negotiated by the court services agency (Rubin, 1994).
   

Assisting offenders to find employment can be a vital component of a restitution program as well as the offender’s rehabilitation and reintegration into the community. The Tarrant County, Texas Community Supervision and Corrections Department has the following policy on providing employment assistance for adult probationers:

If a probationer is able to work, but is unemployed, the probation officer will take appropriate measures regarding employment.

The following excerpts are from descriptions of the agency’s Employment Services Program:

The agency has in place a strategy for achieving this objective. Its Employment Service Program develops placements in the private and public sectors for employment with regard to the offender’s respective interests, needs and skill levels. The Employment Service Program notifies the referring Supervision Officer of an offender’s activities while in the employment program.

The target population for this program is long-term, chronic unemployed felony and misdemeanor offenders who are on community supervision in Tarrant County. The average length of unemployment for those offenders currently being served is 15 months. The average offender has a 10^th grade education. Many of these offenders have multiple barriers to employment other than their criminal record.
Offenders are referred to the Employment Service Program if unemployed for 20 days or more or if working less than 20 hours per week. Offenders referred must have a Social Security card and photo ID prior to being referred for services and should be physically, mentally and emotionally capable of successfully maintaining employment.
The supervising officer should complete the appropriate Form to Request Employment Service. . . An appointment will be made for the offender to meet with the Employment Service Program personnel. . . . Offenders will be referred to the Employment Service Program by field and correctional supervision officers to assist offenders as well as those with barriers to employment including Tarrant County Community Corrections Facility residents and trainees who are being released from the boot camp and substance abuse programs.
[An] Intake/Evaluation and interview will be completed to determine the offender’s need(s) and the appropriate area to which they will be referred. . . . The offender will also be encouraged to attend job search workshops, job fairs and other activities that will assist in locating full-time employment.
To successfully complete this program, the offender must:

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   Keep initial appointment scheduled by their referring officer
   

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   Complete the interview with Employment Service Program counselor/job developer
   

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   Follow up and make use of the services offered (resume services, examination of Job Bank book, access to Internet, Texas Workforce Commission, computer job bank, etc.)
   

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   If referred to other agencies for training, JETS or Job search Workshop, offender must complete all classes as required.
   

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   If referred to job leads, offender must follow-up. (In most cases the offender must contact the prospective employer directly; in some cases the counselor/job developer will contact the prospective employer for the offender.)
   

(Community Justice Plan Program Proposal)
A program issue for those providing work opportunities for offenders is risk and liability. Rubin (1994) recommends that the program should have insurance that will provide protection if offenders are injured, if offenders cause injuries to others or damage property, and if staff are negligent. The cost of insurance might be included in the program fees offenders are required to pay. The Dakota County, Minnesota Juvenile Restitution Program has adopted the following policy to address this issue.

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