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Article • October 5, 2014
Willfulness Must be Proven to Violate Florida Probation for Failure to Pay by Willfulness Must be Proven to Violate Florida Probation for Failure to Pay   The Florida Supreme Court has held it is unconstitutional to make a finding of a probation violation without inquiring into the probationer’s ability to …
Article • October 5, 2014
Filed under: Restitution
Restitution for Oregon Police Overtime Not Recoverable by Restitution for Oregon Police Overtime Not Recoverable   The Oregon Court of Appeals reversed a restitution order requiring payment of $7,808.34 in overtime pay to officers assigned to guard a hospitalized defendant.   Jeffrey E. Kuehner was arrested on sex offense, kidnapping …
Article • September 20, 2014 • from PLN September, 2014
Filed under: Victims, Restitution
Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling by Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling The Seventh Circuit Court of Appeals is among the latest federal courts to tackle the issue of restitution for victims of child pornography – an issue addressed in a …
Article • August 13, 2014 • from PLN August, 2014
Oregon Attorney Fee Repayment Requires Showing of Ability to Pay by Mark Wilson Oregon Attorney Fee Repayment Requires Showing of Ability to Pay by Mark Wilson On October 9, 2013, the Oregon Court of Appeals held that a trial court lacked the authority to require a criminal defendant to pay …
Unfair Punishment by Sam Levin Unfair Punishment by Sam Levin Part One: Victim Discrimination A state program that’s supposed to help crime victims denies people who have had run-ins with the law or are afraid of being victimized again. The front door was wide open when police arrived at the …
Article • July 9, 2014 • from PLN July, 2014
Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation by Mark Wilson Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation by Mark Wilson The Oregon Court of Appeals held that a prosecutor’s failure to comply with state restitution laws did not deprive a trial court of authority to impose …
Publication • June 1, 2014
Filed under: Victims, Restitution
Compensating Victims of Crime Douglas Evans CUNY 2014 Compensating Victims of Crime Douglas N. Evans Research & Evaluation Center John Jay College of Criminal Justice June 2014 ACKNOWLEDGMENTS | Preparation of this report was supported by a grant from Justice Fellowship. The author wishes to thank the members of Justice …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Restitution
Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution by Mark Wilson In May 2013, the Oregon Court of Appeals agreed that a trial court had committed plain error when it recommended that a defendant pay restitution in an amount to be determined by the Board of …
Brief • April 9, 2014
Filed under: Restitution
Davis County, UT, Standing Order, Pay to Stay Fees, 2014 IN THE SECOND DISTRICT COURT, DAVIS COUNTY STATE OF UTAH STANDING ORDER IN AND FOR ALL CRIMINAL CASES OVER WHICH JUDGE MICHAEL G. ALLPHIN PRESIDES RE: Stay on the Davis County Sheriffs Office's practice of taking funds from inmate accounts …
Article • February 15, 2014 • from PLN February, 2014
Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert. by When she was a little girl, Amy’s uncle videotaped himself raping her, then shared the video with other pedophiles. Now in her 20s, Amy (a pseudonym) is seeking restitution from everyone who …
Article • February 15, 2014 • from PLN February, 2014
Restitution Not Owed for Arrest Costs, West Virginia Court Holds by Derek Gilna Petitioner Michael John McGill appealed his December 2010 state conviction for escape from home confinement while on bail and the sentencing judge’s order that he pay $8,261.56 in “restitution to the State for costs associated with apprehending …
Article • November 15, 2013 • from PLN November, 2013
Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution by Derek Gilna Philip Colasuonno, a defendant in the U.S. District Court for the Southern District of New York, was resentenced to 4 months in prison after the court found he had “willfully violated probation by failing to …
Article • November 15, 2013 • from PLN November, 2013
Debtors' Prisons Returning to America by David Reutter As the United States was becoming an independent nation with its own values and form of government, it discarded an archaic English system that drove the poor into greater poverty. When the U.S. ended the practice of debtors’ prisons in 1833, it …
IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the Ninth Circuit has held that “where the sentencing court has failed to consider whether the defendant has the financial resources to pay restitution immediately, ordering immediate payment impermissibly …
Article • September 15, 2013 • from PLN September, 2013
Filed under: Money/Property, Restitution
California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution by The California Supreme Court has reversed a restitution order assessed against a defendant who, while driving intoxicated, killed another driver in a freeway collision. The Court held that 1) the estate of the accident victim (who died without heirs) …
Article • June 15, 2013 • from PLN June, 2013
Filed under: Money/Property, Restitution
Millions Owed in Unpaid Restitution in Oregon by As of early 2012, medium- and high-risk offenders in three of Oregon's 36 counties owed almost $155 million in unpaid restitution, with an average of just 16 percent of offenders statewide complying with restitution orders, according to the Oregon Department of Corrections …
Article • August 15, 2012 • from PLN August, 2012
Hawaii Audit Finds Offenders Rarely Pay Restitution Owed by Thirteen years after the Hawaii Office of the Auditor issued a report critical of the state judiciary’s efforts to collect restitution payments from offenders, only a small fraction of tens of millions of dollars in restitution has been collected, which has …
Article • July 15, 2012
Washington DOC Can Collect Incarceration Fees Waived by Trial Court by The Washington State Supreme Court has held that the Department of Corrections (DOC) “has independent statutory authority to collect costs of incarceration regardless of the trial court’s waiver of costs of incarceration in the judgment and sentence.” Additionally, it …
Article • January 15, 2012 • from PLN January, 2012
Illinois Prison Wages Cannot be Attached to Satisfy Incarceration Costs by David Reutter On June 16, 2011, the Illinois Supreme Court held that prison officials may not seize the wages a prisoner earns to satisfy the cost of incarceration. The Court’s unanimous ruling also vacated a judgment of more than …
Article • November 15, 2011
Filed under: Money/Property, Restitution
District Court Did Not Impermissibly Delegate the Setting of Fine Payments to the BOP by A district court’s failure to set a fine repayment schedule does not impermissibly delegate the task to the Bureau of Prisons (BOP), the U.S. Court of Appeals for the Seventh Circuit held May 12, 2008. …
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