Chapter 81
DISBURSEMENT OF RESTITUTION FUNDS TO VICTIMS
Victims should be reimbursed for their losses before other costs are paid (Rubin, 1997),
and efficient and timely distribution of restitution payments is essential if victims are to be
returned, as nearly as possible, to their precrime condition. A justice system that operates on
principles of restorative justice focuses on the needs of victims and repairing the harm caused by
the criminal offense.
PROMISING PRACTICES FOR DISBURSING RESTITUTION
Based on the responses to the survey and literature reviews, the following are promising
practices for disbursement of restitution. Similar information has been presented in previous
chapters regarding monitoring and enforcement and collection of restitution. Where practices or
examples overlap, information in earlier chapters is referenced.
·
The restitution program designates a specific agency(ies) and assigns trained individuals
within the agency to disburse restitution payments. This is clearly communicated to
victims, offenders, and other stakeholders in the justice system and the community.
·
The restitution program has procedures in place for maintaining contact with victims to:

inform them of the case disposition (e.g., restitution amount ordered);

advise them of arrangements for the offender to pay restitution (e.g., lump sum,
regular payments);

explain whom to contact with questions or concerns;

communicate when and how disbursements will be made; and

update records regarding victims’ addresses and other information related to
restitution.
1
Author: Ann Crowe
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·
Disbursement of restitution takes first priority over disbursement of other funds collected
from offenders.
·
The restitution disbursement agency/staff use accepted accounting standards for
processing restitution payments.
·
Victims receive information about other courses of action they may pursue, such as civil
remedies, for their losses and/or other victim compensation programs.
·
Available funds are used to pay restitution owed to victims whose claims have previously
been unsatisfied because of failure of the offender in their case to complete his/her
restitution obligation.
·
Efforts are made to locate “lost” victims for disbursement of restitution.
AGENCIES AND STAFF RESPONSIBLE FOR DISBURSING RESTITUTION
As shown in Figure 8a, respondents to the survey indicated that in nearly half (46%) of
the programs, restitution was distributed by the court clerk. However, more than one-third (36%)
said disbursements were through the adult probation agency and slightly more than one-fourth
(26%) were handled by juvenile probation agencies. (Percentages of agencies disbursing
restitution total more than 100% because, in some jurisdictions, more than one agency performed
this task.) Besides the agencies shown in Figure 8a, respondents reported the following types of
agencies that disburse restitution payments to victims:
·
Collections/Revenue Agencies (9 responses),
·
Diversion or Pretrial Programs (7 responses),
·
Juvenile or Family Courts (2 responses),
·
Private and/or Nonprofit Agencies (2 responses),
·
Restitution Center (1 response), and
·
Criminal Records Department (1 response).
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As with previously discussed aspects of restitution management, staff who handle
disbursements should be trained for these duties. They not only need to handle the fiscal
management aspects of their job effectively, but they also need to understand and deal
empathetically with victims who may contact them regarding payments. The effects of
victimization and appropriate ways of responding to victims should be included in training
programs for those who disburse funds.
CONTACT WITH VICTIMS
Victims need to know the disposition of the case and the arrangements made for
restitution payment, such as the total amount ordered, how the offender will pay, if not in a lump
sum, and when and how disbursements are made. Those supervising the offender and
monitoring restitution payments should inform victims of their role and how victims can keep in
touch if questions or problems arise.
Figure 8b shows the agencies that are most likely to
have post-sentencing communication with victims based on the results of the survey undertaken
for this project. (Percentages total more than 100% because multiple agencies report handling
these responsibilities in some jurisdictions.) Adult and juvenile probation agencies,
victim/witness, prosecution, and adult parole are the agencies most likely to communicate with
victims.
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Several other types of agencies not shown in Figure 8b were listed by respondents as
having responsibility for postsentencing contact with victims, including:
·
Collections agencies (5 responses),
·
Victims compensation programs (3 responses),
·
Diversion programs (2 responses),
·
Paroling authority (1 response),
·
Domestic Violence Shelter (1 response), and
·
Nonprofit agency (1 response).
Exhibit 8a provides an example of an agency’s policy and procedures that illustrate specific
attention to communication with victims.
Santa Barbara
Adult Manual
County,–California
Financial Probation
ProceduresDepartment
The supervision officer must notify victims about any Court hearings which might impact the
collection of restitution, particularly those involving modification of restitution amount or
payment.
The supervision officer must also notify victims of any change to probationer’s status, i.e. death,
revocation, commitment, etc., which affects the stoppage of restitution payments.
Communication with victims about the payment of restitution should be designed to fit
the agency’s and the victim’s needs. Ideally, both verbal and written communication should be
provided, although with large caseloads, verbal communication with every victim may not be
possible. However, some contact with victims might be conducted by volunteers, and agencies
such as probation and parole might explore collaborative efforts with victim/witness programs.
At minimum, victims should receive written information they can keep and refer to at a later
time. Some key issues to address in verbal and written communications with victims include:
·
Case name and number;
·
Sentence or diversion agreement and what the sentence or diversion agreement means in
understandable language;
·
Amount of restitution ordered;
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·
How the offender is ordered to pay restitution (e.g., lump sum, regular payments);
·
To whom the offender is ordered to pay restitution (e.g., Court Clerk, Probation
Department);
·
When and how the money will be disbursed to the victim;
·
Whom to contact with questions;
·
How to report a change of address for the victim and the importance of doing so; and
·
Other options victims may pursue, such as civil remedies.
At any time a change occurs, procedures should be in place to notify the victim. Such
changes might include an alteration in the amount of restitution or the payment schedule, steps
being taken if the offender is in arrears with restitution payments, the offender’s leaving or
entering a custody facility, and changes in program personnel who will be handling the victim’s
case.
PRIORITY OF DISBURSEMENT
As with collection and crediting of restitution payments, distributing them to victims also
should take precedence over other payments. Ranking of payments may be determined by
legislation or agency policy. Iowa and Wisconsin have mandated the priority of restitution
payments in public laws, as shown in Exhibits 8b and 8c.
Similarly, the Utah Department of Corrections has established priorities for payments in
its Adult Probation and Parole Manual, as show in Exhibit 8d.
Iowa Statutes
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Chapter 910 - Restitution
910.2 Restitution or community service to be ordered by sentencing court.
In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict
upon which a judgment of conviction is rendered, the sentencing court shall order that restitution
be made by each offender to the victims of the offender’s criminal activities, to the clerk of court
for fines, penalties, surcharges, and to the extent that the offender is reasonably able to pay, for
crime victim assistance reimbursement, court costs, court-appointed attorney’s fees, or the
expense of a public defender when applicable, or contribution to a local anticrime organization.
However, victims shall be paid in full before fines, penalties, and surcharges, crime victim
compensation program reimbursement, court costs, court-appointed attorney’s fees, the expenses
of a public defender, or contribution to a local anticrime organization are paid. In structuring a
plan of restitution, the court shall provide for payments in the following order of priority: victim,
[italics added] fines, penalties, and surcharges, crime victim compensation program
reimbursement, court costs, court-appointed attorney’s fees, or the expense of a public defender,
and contribution to a local anticrime organization.
Adult
Utah
Probation
Department
and Parole
of Corrections
Manual
CCr06/03.01
C. If not specified, distribution priority will be:
Wisconsin Register
1.
restitution [italics added];
2.
supervision fees or community correctional center service fees;
3.
offender loans;
4.
public defender fees (recoupment fees);
5.
Court- or Board-ordered fines and fees; and/or
Financial
Obligations
(s. DOC 328.07, Wis. Adm. Code)
6.
other obligations.
(4) The department [of corrections] cashier shall disburse money paid by a probationer as soon as
possible after it is received, but need not make a disbursement of less than $10 unless it is for a
final payment.
....
(6) The department cashier shall disburse payments made by the probationer in the following
order:
(a) Payment of restitution, and interest on restitution if applicable [italics added].
(b) Payment of fines and related payments in the order specified. . .
(c) Payment of court costs.
(d) Payment of attorney fees.
ACCOUNTING STANDARDS FOR RESTITUTION PAYMENTS
Accounting practices for receiving payments were discussed in the previous chapter.
Accounting standards for disbursement of payments should be integrated with collection
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practices, and they are treated separately in this document only for purposes of discussion and
conceptual clarity. Again, rather than highlighting specific programs, several documents were
reviewed and information is combined to offer a comprehensive description of accounting
standards for disbursement.2 The following practices are recommended based on this review.
Internal Controls
As with receipts, disbursements must be managed so the possibility of mishandling or
fraud is minimized or eliminated. This can be facilitated by the separation of staff duties for
disbursement of funds, handling checks or other payment instruments appropriately, and
maintaining an audit trail of payment transactions.
Separation of Staff Duties for Disbursement of Restitution Funds
Several tasks are involved in making restitution payments to victims including preparing
checks, recording the payments, logging returned checks, and researching the addresses of
victims with whom contact has been lost. To the extent possible, each of these tasks, as well as
reconciling bank statements with cashed checks, should be handled by different personnel. This
separation of duties among staff makes it much more difficult for an individual staff member to
misdirect funds. Not only should duties be distributed among staff, but a system of checks and
balances, with staff checking others’ work also is advisable for avoiding mistakes as well as
possible dishonesty. Every decision about the operation of the program should be made with the
goal of ensuring that victims receive the maximum reimbursement possible for their losses at the
hands of criminal offenders.
2
The source documents for the information provided in this section include: Louisiana Department of
Public Safety and Corrections, Division of Probation. (1997). Memo to Gloria Horton-Whiten, District Manager
from Morris E. Easley, Jr., Probation and Parole Director; Louisiana Department of Public Safety and Corrections,
Division of Probation and Parole. (1993). Policy and Procedure Memorandum #10; Maryland Division of Parole
and Probation. (n.d.). Policy and Related Documents for the Collection of Restitution; New York State Division of
Probation. (1984). Legal and General Guidelines; State of New York, Office of the State Comptroller. (1973).
Accounting Procedures for Probation Departments; Tompkins County, New York Probation Department (1996).
Policy and Procedure (Collections); U. S. District Court (Utah) Tenth Circuit Internal Controls Committee. (1997).
Fines and Restitution Procedural Model (draft).
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Safeguard Checks and Other Payment Instruments
All checks used for disbursing funds to victims should be prenumbered and printed on
paper that makes counterfeiting difficult. Checks should be issued only in numerical order, and
any unused checks should be kept in a secure place. If a check is voided for some reason and a
replacement check is issued, the numbers of the two checks should be cross referenced. The
replacement check might be issued with a notation such as, “Replacement for check number
555.”
Audit Trail
Records should be maintained of all disbursement activities so that payment transactions
can be traced easily. This should include, at minimum, a cash disbursement journal including the
date, payee, check number, case number, and amount of the check. An account ledger for each
individual victim also should be maintained, and each payment should be credited to it. It should
include the date, check number, and amount of the check.
Disbursements
Throughout the restitution process, from a first complaint to law enforcement through the
supervision of offenders owing restitution, procedures should be in place for obtaining and
updating information about victims. To distribute payments to victims efficiently, the program
must have a current name and address, and the court or paroling authority must furnish accurate
information about the amount of restitution ordered and payment requirements (e.g., lump sum,
monthly payments). A frequently cited complication for disbursing restitution is losing track of
victims’ whereabouts. This is likely to be more problematic when there are significant time
lapses before payments begin or between payments. Victims may give up on receiving payments
and may make life changes without thinking to advise the agency handling restitution
disbursements. Processes for finding victims with whom contact has been broken will be
discussed later in this chapter, but at every contact with victims it is advisable to confirm the
person’s address and phone number; a request for changes in name or address could be included
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routinely with every check to help remind victims of the importance of keeping this information
current.
Several important decisions must be made by the agency handling restitution payments
including the types of payment instruments that will be used, the frequency of payments, and the
amount of payments. Each of these is discussed briefly.
Types of Payment Instruments
In the previous chapter on collection of restitution, acceptable types of payment
instruments were discussed. Usually, payments are limited to those that ensure the money is
collectible, such as cash, money orders, or cashier’s checks. However, other options, such as
credit/debit cards and personal checks were discussed as well. There also are options for the way
payments are made to victims. In most cases, agencies want offenders to make payments to the
agency rather than directly to the victim so collections can be documented.
The most common method of disbursing restitution to victims is to collect the money
from the offender, deposit it in an agency account, and then write a check to the victim from that
account. However, another option that is used by some agencies is to have the offender make the
payment with a money order. This is given to the agency handling disbursements, and staff
record it as they would any other payment. Instead of depositing the money order and writing a
check to the victim, the money order is sent directly to the victim. If this method is used, agency
staff must be sure to post each payment by the offender, issue a receipt to the offender, copy the
money orders and correspondence to victims, and log each disbursement. Careful documentation
is even more important with this method because the agency will not have canceled checks to
verify the victim received the payment. Occasionally, offenders will make payments directly to
victims with cash, checks, or money orders. Usually, this is discouraged because the supervising
agency is not able to document payments and must count on the offender and victim to inform
staff of the payments. Without the brokerage of the agency, there is more possibility for mistakes
or disagreements concerning the status of accounts and the accuracy of records.
Disbursement Schedule
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A regular schedule of disbursements should be established, and it should focus on
distributing restitution funds to victims as quickly as possible after receipt. If offenders pay with
personal checks, the agency will need to wait long enough to be sure the check has cleared the
bank before issuing payment to the victim. However, with money orders, cash, cashier’s checks
and similar types of guaranteed payment instruments, the money is available as soon as it is
processed by the collecting agency.
Payment schedules may be established in at least two ways. The one that is probably the
most common is to disburse to victims at regular intervals – usually either weekly or monthly -the amount the offender has paid. The other is to distribute payments to victims when the
amount collected reaches a certain figure. For example, the victim might be paid anytime the
amount of money received on his or her behalf reaches $10.00 or more. Whichever process is
used, it should be explained to the victim so he or she will know what to expect.
Communication with Victims
It is helpful to let victims know their account balance with each payment. With
computerized programs, or even with manual systems, the check stub or attached correspondence
should indicate the balance owed prior to the current payment, amount of the present payment,
and the balance owed after this payment.
In the event too much money is sent to the victim in error, the agency must request
reimbursement. Instructions as to how to return or handle the overdisbursement should be sent to
the victim.
Unclaimed Funds
Occasionally, checks will be returned as undeliverable. The agency should have
procedures in place for handling unclaimed funds. Generally, returned checks should be posted
as such to the victim’s account. A policy should be adopted, also, in the event checks are not
returned but are not cashed. After a prescribed period (e.g., six months) stop-payment orders
should be placed on the checks.
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Lost or Stolen Checks
The agency should have a policy regarding the handling of lost or stolen checks sent to
victims. A stop-payment order should be issued when a lost or stolen check is reported.
Additionally, the agency should adopt procedures regarding reissuing such checks. For example,
will the check be written immediately or only during the regular cycle of payments? Will the
victim have to pay any bank related charges for stopping payment or reissuing a check?
Records and Reports
Bank Statements
Bank statements should be reconciled monthly, and checks that have been cashed by
victims should be filed numerically with the bank statements. These can easily be crossreferenced with a particular victim’s account if necessary for documentation.
Closed Accounts
When a restitution account has been paid in full and all the money has been disbursed to
victims, photocopies of the offender’s and victim’s accounts should be made and placed in both
the offender’s and victim’s files in the respective agencies that maintain these. The original
records should be maintained by the staff who perform the accounting functions.
Similarly, if an offender’s case is closed but restitution payments are incomplete, a letter
should be sent to the victim explaining the situation and advising him or her of alternatives that
can be pursued (e.g., filing a civil action). Copies of this correspondence should be placed in
both the offender’s and victim’s files.
Reports
Monthly and annual reports of receipts from offenders and payments to victims should be
prepared. These should be compared to ordered amounts of restitution, both for individual cases
and for the program as a whole.
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OPTIONS FOR VICTIMS
Throughout the restitution process,
victims should be advised of all their options.
For some victims, waiting for payments to
be made by offenders over time imposes a
hardship when they must immediately obtain
and pay for medical care, repairs,
merchandise, and other services.
Compensation Funds
The survey respondents were asked if
their jurisdiction offered financial assistance
in the event of nonpayment of restitution. Figure 8c shows the responses. Slightly more than
half of those responding said they did not offer other assistance, about 40 percent did provide
financial help, and nearly ten percent of respondents were unsure. All states have a Victim’s
Compensation Fund, and some states and localities have other similar funds. These often can be
used to provide immediate financial assistance to victims of crime. Throughout the restorative
process – from the first contact with law enforcement until victims have received full
compensation – information about the availability of such funds should be provided to victims.
However, often there are restrictions on eligibility for such funds. In some cases only victims of
certain types of crimes are eligible; in other cases, a financial means test determines eligibility.
As addressed in Chapter 6, when victims receive immediate compensation, offenders still should
be held responsible for restitution, and the amounts they pay should be used to reimburse the
compensation fund. Besides State Victims’ Compensation funds, some respondents indicated
there are other special funds that have been created to assist victims, and in many cases these are
financed by offender fines, surcharges, and special fees, as discussed in Chapter 6.
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Civil Actions
Another option for victims is filing civil action against the offender for the damages
incurred, and converting criminal orders of restitution into civil judgments was discussed briefly
in Chapter 5. State laws vary on how this may be done, and victims need accurate information
and assistance if they pursue this process. Some states have passed legislation that automatically
makes a judgment for restitution a civil order as well. Therefore, if the offender defaults on
payments of restitution, mechanisms are in place to seek remuneration through civil court
proceedings. This may allow the State to seize property, garnish wages, intercept lottery
winnings and income tax refunds, and conduct other collection procedures.
In the survey reported in this document, respondents were asked:
·
whether or not a civil judgment is entered at the same time the criminal order for
restitution is imposed; and
·
whether or not information about civil remedies is routinely provided to victims.
Figure 8d shows the responses to these questions.
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When asked who had responsibility for initiating the entry of a civil judgment at the time
of the criminal order, 18 percent of respondents to the survey answered that court clerks are
responsible, and two percent indicated the victim is responsible. However, a significant number
of respondents also reported the following officials or agencies were responsible:
·
Prosecutor or District Attorney (16 responses),
·
Court/Judge (3 responses),
·
Probation (1 response),
·
Victim’s services (1 response), or
·
Financial Litigation Unit (1 response).
Fifty-three percent of respondents indicated that victims were routinely provided with
information about civil remedies. The members of the criminal and juvenile justice systems who
provided that information to victims, and the frequency with which they do so are shown in
Figure 8e.
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Besides those listed in Figure 8e, respondents to the survey indicated victims are
sometimes provided information about civil remedies by Victim Compensation Programs, Parole
Boards, Diversion or Pretrial Intervention Programs, and by Volunteers.
LOCATING VICTIMS WITH WHOM CONTACT HAS BEEN LOST
It is not uncommon to lose contact with victims who are owed restitution. This happens
for a variety of reasons. For some, the initial information gathered may have been incorrect, and
they cannot be reached for follow up. For others, the victimization experience may have been so
traumatic that they purposely sever contact with the offender and the justice system. However,
contact may be lost with many victims who initially are known and involved in the restitution
process because of life changes they experience. This especially can happen when restitution
payments are delayed for significant periods and victims go on with their lives as best they can.
If an offender has been unable to earn money for restitution or has been imprisoned for a
substantial time, the victim may simply give up on ever receiving the amount due him or her.
Sometimes these victims are simply written off by the system and any money collected is
diverted to other situations. However, a few jurisdictions have begun to search proactively for
victims with whom contact has been lost to pay them restitution that has been collected on their
behalf. The Tompkins County, New York Probation Department includes procedures for
locating these victims in its policies and procedures document as shown in Exhibit 8e.
Tompkins
Policy
County,
and Procedure
New York–Probation
Collections
Department
In the event a victim cannot be located, the funds shall remain on the account for a period of one
year past closure of the account. During that year, the Senior Account Clerk Typist shall attempt
to locate the victim by reviewing the contents of the file for clues, contacting various local
agencies as appropriate (District Attorney’s office, sentencing court, colleges, or organizations
who had contact with the victim). After exhausting these avenues, the Senior Account Clerk
Typist shall distribute a press release to daily papers in Ithaca, Cortland, and Elmira, announcing
that funds are available for unfound victims, and requesting that they contact her. If no contact
can be made within two months following the press release, the funds shall be transferred to the
undisbursed fund account and distributed to unsatisfied victims. . .
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Another jurisdiction that actively seeks victims with whom contact has been lost is
Tarrant County, Texas. The Community Supervision and Corrections Department (adult
probation) uses various methods for locating high-risk probationers who abscond, and they
decided to use the same aggressive approach for locating victims to whom restitution was owed
and who could not be located. With one probation officer spending a few hours per week, and
later with a grant that provided one officer full-time and one clerical worker as well as some
operating funds, they began looking for victims with whom they had lost contact. With the
assistance of a computer service data base, searches are conducted of marriage licenses, drivers
licenses, vehicle registrations, city utilities records, and telephone directories, among other
sources. The searches are nationwide, and the probation agency pays a maximum of $10.00 per
search only if the victim is located. The program has been very successful and by Fall of 1999
had returned almost $400,000 to 640 victims who would not otherwise have received their
restitution.
The following story, told by a Tarrant County victim, illustrates how effective the
Department’s efforts have been.
During the years 1976 to 1986 my wife and I owned and operated a small chain of
religious gift shops in malls in the Fort worth area. We sold religious literature,
music, and inspirational gifts. Like every other retail operation, we took our share
of worthless checks. Our normal collection procedure was to send personal letters
or make personal telephone calls if possible. Occasionally we would forward
checks to the District Attorney’s Office for legal action.
Over the course of our business operation we probably sent 30 or 40 checks to the
DA. During that ten years we never received any restitution or any other
communication from the DA. We had completely given up hope of ever getting
any reimbursement for the lost money.
One of our customers received probation for worthless check writing and was
ordered to pay restitution. He made the Court-ordered payments, but in the
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meantime our family moved to California and we failed to give our new address
to the DA’s office.
We also failed to give an address change to the DA a couple of years later when
we returned to Texas. And later, even when I became a probation officer and
became familiar with restitution issues, I never thought to check with the DA or
our CSCD bookkeeping staff about the possibility of having restitution waiting for
me in a court bank account.
This year, to my astonishment, and almost twelve years after the last store was
closed, we received a restitution check for over two hundred dollars! We received
this check as a result of the terrific work being done by Michael Schwalls and the
staff of the Victims Services program of Tarrant County Community Supervision
and Corrections Department. Michael is a specialist in searching for correct
addresses for victims that are owed money by offenders. One day last spring, as
he was making the effort to sort through old lists, he found my name. About two
months later my wife and I received our check.
I am, of course, delighted with the results of Michael’s work. Hundreds of
thousands of dollars have been returned to victims as a result of his work and the
efforts of others in the program. I am very proud to work for a Department that
takes such initiative in helping victims.
Charles McCollum, Texas
PAYMENTS TO VICTIMS WITH UNSATISFIED CLAIMS
In Chapter 6, the practice of having all offenders contribute to a restitution fund -whether or not they were responsible for restitution to a specific victim -- was discussed.
Another source of funding for victims with unsatisfied restitution claims is money that offenders
pay for restitution, but for a variety of reasons it is not disbursed to the intended victims.
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Usually, contact has been lost with these victims, as discussed above. Some agencies have
policies for distributing these funds, as well as the monies collected from all offenders, to victims
who do not receive the ordered restitution from their offender. The Tompkins County, New
York Probation Department has developed the policy in Exhibit 8f.
Tompkins County, New York Probation Department
Policy and Procedure – Collections
PROCEDURE FOR DISBURSEMENTS – UNSATISFIED VICTIMS
The Senior Account Clerk Typist shall maintain an index of unsatisfied victims. Unsatisfied
victims shall be defined as those victims on cases where the defendant was ordered on or after
November 1, 1984, to pay restitution, and did not. The case must be closed as “other.” Victims
shall be prioritized by date of order and shall be divided into three categories: Category I =
individual, Category II = business or private agency, Category III = insurance company or public
agency. All Category I victims shall be paid in full before Category II victims are paid. All
Category I and II Victims shall be paid in full before Category III victims.
All interest payments shall be added to the undisbursed fund account. Whenever the total in the
account reaches $100.00, the oldest Category I victim will be considered for disbursement. The
victim shall be sent a letter asking him or her to verify the address and that he or she is still
eligible to receive the funds. Victims will remain eligible as long as they have not fully recouped
their loss by any other means such as capital loss on their income taxes, reimbursement from
insurance, or reimbursement from the Crime Victim’s Board.
In the event all Category I victims are satisfied, Category II victims shall become eligible for
disbursement according to the procedure listed above. However, if more Category I victims
occur, they will again have precedence.
In the event the funds of an unfound victim were transferred to the undisbursed account
according to procedures, and that victim is later found, that victim is considered to have a “lien”
on the undisbursed funds account equal to the amount transferred. Once those funds become
available, that found victim shall receive payment.
A special instance of this practice of paying restitution to previously unsatisfied victims
comes from Lehigh County, Pennsylvania. Juvenile offenders perform community service at a
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recycling center jointly operated by the city and county. The youth earn the equivalent of
minimum wage for the hours they work, but the money is paid to victims owed restitution.
Because recycling revenues were higher than expected in 1996, the surplus was used to
reimburse victims of deceased offenders (Hartzell, 1996). This final poignant story about the
benefit this brought to a victim underscores the importance of using creative methods to assure
that victims receive restitution payments.
In December of 1988, one of our juveniles ran from his foster care placement and
stole a pickup truck with a jet ski in the bed, a leather jacket, and some other
contents that were in the truck. The juvenile was later caught, adjudicated
delinquent, and ordered to pay restitution to the owner of the vehicle in the
amount of $2,207. The juvenile was in constant trouble after this incident and our
department placed him in various institutions. We were never successful at
collecting restitution from him.
In May, 1996, the juvenile died as a victim of a shooting. Thus, all of his victims
would never be reimbursed for their losses.
In December, 1996, we were expecting a surplus of money (what a nice problem
to have) in our recycling program. This program was created to supply us with
the capital to pay for our restitution program. I came up with the idea to use a
portion of our surplus to make some payments to victims of deceased defendants
since there was almost no chance that these people would ever see their money.
In all, we were able to pay over $18,000 to 23 victims. One of the victims chosen
to be paid was Kevin Ringstaff, the victim of the juvenile noted above. In March,
1997, Mr. Ringstaff received a check in the full amount of restitution owed to
him, $2,207. Soon thereafter, I received a phone call from the victim’s mother,
Mrs. Ruth Ringstaff. She called to express their gratitude for the money that they
had given up hope of receiving. She went on to tell me of the wonderful timing of
receiving this money. Her son suffers from Charcot-Marie-Tooth disease, a
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progressive muscular atrophy of the legs. He requires special boots to assist and
support him and they did not know where they would get the money to pay for the
boots. They were able to use the money to pay for the boots and the purchase of
other supplies he needed for a new job that he was just starting.
Tom Ganser, Juvenile Probation Supervisor, Pennsylvania
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