OFFENDER RESTITUTION PROGRAMS IN GEORGIA Georgia .
,If you have issues viewing or accessing this file contact us at NCJRS.gov.(\OFFENDER RESTITUTION PROGRAMS IN GEORGIABill Read, Restitution Program CoordinatorGeorgia Department of Offender Rehabilitation800 Peachtree Street, Room 321Atlanta, Georgia 30308TABLE OF CONTENTSA.IntroductionClarification of TermsAn Overview of Restitution Programming in. GeorgiaB.Offender EligibilityProgram AdministrationMechanisms of RestitutionVictim InvolvementProfessional ReactionsCommunity ReactionsProgram StatisticsCost-Effectiveness FactorsC.Georgia's Residential Restitution Center ProgramMCJRSMAR 9 1978ACQUISRT10E\{SGeorgia's Non-Residential Sole Sanction Restitution ProgramProgram AdministrationOffender Selection ProcedureThe Restitution PlanFinancial RestitutionCommunity Service RestitutionVictim InvolvementPotential Program ImpactsD.Restitution Programming with IncarcerantsE.RecommendationsF.Summary - Future Directions,
Page 1OF'ENDER RESTITUTIONPROG ISIN GEORGIAIntroductionClarification of Terms.Prior to discussing the use of offender restitutionprograms in Georgia, it seems worthwhile based upon past experience to firstclarify the distinction between the similar but often confused concepts of"offender restitution" and "vi.ctim compensation.!!Offender restitution refers to payments made to crime victims by offendersthemselves, usually to compensate victims for losses incurred through propertycrimes.This type program can be used only when the offender is caught, con-victed, and is able to make restitution.Victim compensation refers to payments to crime victims made by a government body, usually to compensate victims for medical expenses, lost earningsor wages, burial expenses due toviolent crime.physica injuries,or death as a result of aThis type program can be used regardless of whether or notthe offender is caught, convicted, or is able to make restitution.Thus, offender restitution refers to a specific criminal justice systemprogram, whereas victim compensation refers to a general social welfare program.Hence offender restitution programs mayor may not be used in conjunction withvictim compensation programs.An OVerview of Restitution Programming in Georgia.Like most states, Georgiahas traditionally used the restitution sanction through general andunstructv dlocal programs administered jointed by the judiciary and the Adult ProbationDivision, with restitution most frequently being used simply as a conditionof probation or in connection with a suspended sentence.Although recommendationsregarding the appropriateness of restitution are often made by district attorneysand/or probation supervisors via their pre-sentence investigation reports, thejudiciary has historically been provided with little or no formal state-levelassistance regarding the development either of restitution decision-makingprocedures or of innovative programs within which to use restitution.-.
Page 2Recently however, the Georgia Department of Offender Rehabilitation (DOR),of which Adult Probation became a part in 1972, has begun to provide morestructure to the use of the restitution sanction in the belief that a more. organized and coordinated approach will result both in a greater criminaljustice efficiency and in various direct benefits to individual systemcomponents, to victims, and to offenders.The first initiative in the restitution area was a 2-year LEAA pilotresidential restitution program designed to divert offenders from incarcerationinto the restitution program alternative.This program, which is describedextensively herein, allows the courts and Parole Board to require offendersto make financial and/or community service restitution while residing at therestitution center tlnder close supervision.Tnis program has proven to bequite popular both with citizens and the criminal justice system, as evidencedby the Georgia legislature--in a year of austerity budgeting--voting to assumetotal state funding of the program from Fy '77 forward.Additionally, mostof the DOR's other residential community facilities have since been modifiedto incorporate the restitution program policies and procedures developed by1\the pilot grant.The second initiative in the restitution area is a new 2-year LEAA pilotprogram which is intended to expand the range of applicability of therestitution sanction through the development of a formal research-based nonresidential restitution program.terms herein, draws heavily uponThis program, which is described in general xperiencegained from the residential pro-gram and is designed to realistically and meaningfull.y address and balancethe needs of the criminal justicesystem of victims, and of offenders.Thisprogram is applicable to a wide variety of offenders, can be implemented atpoints irL the criminal justice system ranging from the pre-plea to post-pleapoints, and is designed both for eEl-se of expansion in Georgia and for J;'eplicability in other states.The program includes the following major program features:
Page 3a sole sanction, self-determinant restitution approach to dealing with offenders;an extension of the availability of the restitution sanction to non-propertyoffenders; a combination financial-community service restitution approach which. maximizes the ability of victims to be realistically compensated while alsomaking the restitution sanction available to lower in.::ome groups; and a redefinition oitha role of the proqation supervisor as a community organizer/citizenmanager.Georgia's Residential Restitution Center ProgramGeorgia's residential restitution center program began in Fy '75 as partof a2-ye rdiGcrationary grant (#74-ED-99-0004) to the DOR from the LEAA.The restitution component of the grant provided for the establishment of fourresidential restitution centers in metropolitian areas and was intended to serveas the initial phase of a statewide restitution program.Major goals of theresidential restitution program were:(1)To reduce the prison population by diverting eligible offenders tothe restitution program in lieu of incarceration;(2)To involve citizen volunteers in the rehabilitation of offendersfrom their local community;(3)To demonstrate various effective methods of offender restitution;(4)To determine the cost-benefit factors associated with a residentialrestitution program.pffenderE1 Sibility.The target population of the Restitution Center Programincludes both probationers and parolees.An eligible program participant isdefined as "any male offender whom the judiciary or the Parole Board wouldnormally incarcerate in lieu of program participation and for whom restitutionwould be appropriate."Referrals are obtained through direct court .sentenci:ag,through direct parole, and through revocation proceedings.Thus, the restitu-tion program functions as a diversionary alternative to incarceration foreligible probationers and parolees.
Page 4The Restitution Center Program began under the legal auspices of existinglegislation which enabled the DOR to establish a residential restitution programsimply by making residence at a restitution center and participation in therestitution program a special condition of the probation order or the paroledecree.Failure by an offender to satisfactorily participate in the restitutionprogram results in revpcation ,proceedings being initiated which can result insubsequent incarceration.Program Administration.The Restitution Center Program consists of centerslocated in four metropolitancitia --Albany,Atlanta, Macon, and Rome.Thecenters operate 24 hours per day, seven days per week and have capacities whichrange from 25 to 33 offenders, with the total residential capacity being 120offenders.Each center has a basic staff of ni.ne personnel, with the typicalstaffing pattern being one Superintendent, one Business Manager, one Typist,one Probation/Paro1e Supervisor, one Counselor II, and four Counselor Aidesand/or Correctional Officers.This core staff is supplemented by VISTA volunteers,studeItt interns, and citizen volunteers.a broad spectrum of activities which rangeCitizen volunteer involvement covers omdirect one-to-one contact betweencitizen and offender to general support and sponsorship of the restitutioncenter program by schools, churches, civic organizations, etc.Each center is encouraged to develop specific treatment programs basedupon their individual needs and abilities.Center staff assist the offenderwhen necessary in locating and maintaining steady employment in the localcommunity and also help the offender to develop a realistic budget plan.Theoffender must turn in all his pay checks to the Business Manager, who disbursesthe money each pay period into standard budget category accounts which theoffender then draws against on a regularly scheduled basis.Close surveillance of an offender's behavior and activities continuesthroughout his residence at the restitution center.Each offender is requiredto sign out and identify his destination each time he leaves the center and he
Page 5is also required to return to the center by a specified time.h mevisitswith family arecont ngentuponobey ngPeriodic. overnightcenter rules and satisfacturilyparticipating in center programs during the intervening period.Each offender receives basic counseling from center staff, and referralsare made to community resource agencies for specialized assistance when necessary. sc,citizen volunteers are actively involved in in-house educational and informa-tional programs and in meeting the needs of individual offenders in a variety ofways.In short, every effort is made to involve the local community in the treat-ment and rehabilitation of local public offenders, and to increase the offender'sawareness of community responsibility.Mechanisms of Restitution:The Restitution Center Program uses both financialand community service restitution.With probationers, the judge determineswhether the probationer must make full or partial financial restitution dependingon the circumstances of each individual case.The probationer then begins residenceat the restitution center and must save a certain amount of each paycheck towardpayment of restitution.Sometimes the probationer is required to reside at t.hecenter until the total assigned restitution has been paid.However, usually aprobationer who has demonstrated adequate stability and responsibility for severalmonths will be allowed to finish paying his restitution on a non-residential basis.Probationers may also be required to make community service restitution eitherin lieu of or in addition to financial restitution.Eligiole parolees are typically required by the Parole Board to resideat the restitution center for a specified period of time, to maintain stableemployments and to partiCipate in unpaid community service activities after workon evenings and/or weekends.In such cases, the restitution center staff determinethe actual nature and extent of the community service activity.To ·date numerousforms of community restitution have been used, including such examples as workingin mental hospitals and health centers, repairing the houses of aged pensionersto prevent condemnation, working with children in the recreational programs of
Page 6church and youth organizations, assisting in volunteer counseling with juvenileoffenders, dOing charity work, and conducting community clean-up projects.Victim Involvement.The extent of victim/offender contact in the RestitutionCenter Program has been minimal, as it has been oure eriencethat most victimsprefer just to recover their losses without having further contact with theoffender.Consequently, the victim typically simply is sent a letter explainingthat the enclosed check represents financial restitution being made by the offender.However, in those cases inwhi hconfrontation is feasible and is deemed to beimportant, center staff will arrange for the offender to repay the victim in amediated face to face situation.Most such confrontations have been well receivedby both victim and offender.Professional Reactions.Professional reactions to the Restitution Center Programhave been extremely positive.Judges like the Restitution Center Program becauseit provides them with an intermediate sentencing alternative between regularprobation and incarceration, thus allowing them to measure out a better qualityof justice.The Parole Board likes the Restitution Center Program becauseeligible parolees can be released to a meaningful community transitional experiencerather than having to remain incarcerated until eventually being released outright or released to regular parole supervision.Probation/Parole Supervisorslike the Restitution Center Program because it often represents a meaningfulalternative which they can recommend to the judge in lieu of revocation to incarceration.Also, those supervisors who work directly with the Restitution CenterProgram greatly like the opportunity to work intensively with their small caseload.Social Workers like the Restitution Center Program because the offenderand his family can be worked with in the local community without the extremefamily relationship disruption which accompanies incarceration.A o,the offenderis able to continue providing family support rather than increasing the family'sdependence on welfare.
Page 7Community Reaction.Community reaction to the Restitution Center Program concepthas also been quite strongly positive, and a broad base of program support hasbeen generated.One aspect of the Restitution Center Program which citizenslike relates to their understanding that they may be able to obtain either fullor partial restitution of their losses if they should ever become a victim of apublic offender.Citizens also especially like the aspect of public offendersworking constructively, paying taxes, and partially defraying the cost of theirown rehabilitation.Generally, citizens view the restitution concept as a muchmore positive and accountable response to much of today's crime rather thansimply locking the offender away and increasing the tax drain on society. ramStatistics.Virtually all offenders accepted into the Restitution CenterProgram have been property offenders, with the major types of convictions beingfor such offenses as burglary, theft, and forgery.Felonv offenses have compriseda total of 85% of all convictions, while misdemeanor offenses have comprisedthe remaining 15%.Probationers have comprised 82% of all program referrals,while parolees have comprised 18%. White offenders have comprised 57% of allreferrals, while black offenders have comprised 43%.Of those offenders releasedfrom the program thus far, approximately 66% have been positive terminations(i.e., full release or release to non-residential supervision) and 34% have beennegative terminations (i.e., revoked or absconded).From July, 1975 through December 1976, offenders making restitution inGeorgia's residential centers have:1)Paid 126,897 to victims .2)Paid 241,690 in state and federal taxes.3)Returned 342,937 to the state in project income (room and boardmaintenance charges).4)Spent 431,704 in the local communities for living eA enses such asfood, clothing, transportation, and personal items.5)Paid 139,513 for financial support of their families, thus reducingstate welfare costs.
· ,Page 86)Saved 84,156 as nest eggs for use when released from residentialsupervision.7)Contributed '4,212 hours of unpaid work in public service restitutionactivitif!s.Cost-EffectiVeness Factors.With regard to the Restitution Center I'rogram,.three basic factors have been identified which directly relate to the program'soverall cost-effectiveness.rate, and efficiency rate.These factors are diversioncertainty turnoverAll figures used here are based cn current nORstatistics.1.Diversion certainty.The irnpol:'tance of diversion certainty for ,aresidential diversion-from-incarceration program can be easily seenby conSidering a few basic cost figures.The annual cost of operatinga 30 resident restitution center has proven to be approximately 116 OOO.The annual cost of supervising 30 offenders on probation or parole(@ 205/offender/year) is 6,150.The annual cost of incarl'!erating30 offenders (@ 4,045/offender/year) is 121,350.It is thereforequite clear that a residential restitution center cannot be basicallycost-effective if it serves offenders diverted from probatl.on.Forexample, a restitution center serving 50 percent divertees f:rom probation and 50 percent divertees from incarceration wouldhavE a basiccomparative cost-effectiveness of 116,000 versus 63,750 ( 3,075 forfield supervision cost plus 60,675 for incarceration cost).the restitution center would not be cost-effective.In short,Therefore, aprimary obje,ctive in diversion-irom-incarceration programs is anoffender selection method which guarantees 100 percent diversioncertainty (i.e., a post-sentence selection method using either ajudicially clmended sentence or a conditional parole).2.Turnover ralce.The importance of the offender turnover rate can alsobe easily seen by again considering heprevious basic cost figures.If we make the fair assumption that most property criminals who aresentenced to prison will normally serve a minimum of 12 months, it is
---.------------------------------Page 9clear that a resti.tutiOll center can dramatically increase its basiccost--effectiveness by reduc:lng its turnover rate.the annual. cost of operatingconstant); a center vith3For example, since30 resident center will remain essentiallyan average turnover rate ofsij Gerve 60 offenders in J.2 mOIl-the at a cost of 116,000.100 percent diversion frc;111incarceration months canHowever, assumingthe comparative cost ofincat'cerating those 60 ijJ:·"cndeTs for 12 months :is 242 9 700.comparative figures forare 116,000 versus, 4n pLikewise,center with an average 3-month turnover rate"lnofor incarceration.Obviously then, anincreased turnover rate represents a substantial increase in costeffectiveness.Thus, another primary objective of a residential resti-tution program is an offender selection method \vhich a11.,v7s programstaff to be someHhat selective of referral eligibles.In this Hay,program staff can use pziority selection criteria. vlhich '!-10uld operateto increase the total percentage of offenders lvho could be stabilizedrelatively quickly and could finish maki.ng their restitution on a nonresidentiaJ. basis.3.Efficienc rate The efficiency rate, or the percentage of programsuccesses versus program failures (revocations and absconders), isanother important factor in a residential center's cost-effectiveness.The reason fvr this is of course that program failures reduce bothdiversion cost-effectiveness (i.e., failures are incarcerated, thusreducing comparative incarceration cost-savings) and turnover ratecost-effectiveness (i.e., failures consume space and time, therebyredUCing tIle number of successful program participants who can flowthrough the program).Thus a center operating at a 50 percent effi-ciency rate can expect its basic cost-effectivenss to also be reducedby 50 percent.And here again, one important key to increasingprogram efficiency is program staff having some control over eligible
Page 10offenders referred to the center Efficiency 'Vlouid in :!rease not onlysimply because of increased selectivity, but also because of a greaterstaff commitment to working t·;ith those offenders Hhom they personallyselected.Of course it is recognized that reality is muchprecedingmOl E complex than theIt is recognized that these three factors interact c.v . -e {amples.stantly and that there are many other factors, both subtle and overt, thatinfluencealtimate program cost-effectiveness.However) it should also be equallyrecognized that a residential r.estitution center Hhich ignores the three 1;!asicfactors discussed herein is quite likely never to becost effectiveand is infact probably courting fiscal disaster.Georgia's Non-Residential Sale SanctionR
OFFENDER RESTITUTION PROGRAMS IN GEORGIA Bill Read, Restitution Program Coordinator Georgia Department of Offender Rehabilitation 800 Peachtree Street, Room 321 Atlanta, Georgia 30308 TABLE OF CONTENTS A. Introduction Clarification of Terms An Overvie
criminal behaviors o Maintaining supportive contact o Developing a plan if the offender resumes criminal behavior o Reviewing long-term goals with the offender 6. An offender may experience a lapse, which can be a one-time event or a series of mishaps. A prolonged period of return to p
In 2011, the Idaho Legislature established the Sexual Offender Management Board (SOMB) - replacing the Sexual Offender Classification Board (SOCB) - to develop, advance, and oversee sound sexual offender management policies and practices statewide (Section 18-8312, Idaho Code). Included among the mandates for the Idaho
Lien Bank Levy 3 4 5. 22 l Victims’ Legal Resource Center Methods of Collection in the Civil Process} CA Penal Code § 1214(b) gives victims access to all resources available under law to enforce their restitution order.} When the court enters the victim restitution order, it must also enter
Nurse-Midwives in Georgia: Value for Georgia Citizens Nicole S. Carlson PhD, CNM President, Georgia Affiliate of American College of Nurse-Midwives Assistant Professor Emory University School of Nursing . Birth in Georgia Georgia Births in 2013: . for Certified Nurse-Midwives in Law and Rule Data Current as of January 2014 MT WY MI ID .
8 5 Ways to Modify a Situation Increasing the effort the offender must make to carry out the crime. Increasing the risks the offender must face in completing the crime. Reducing the rewards or benefits the offender expects to obtain from the crime. Reducing or avoiding provocations that may tempt or incite offenders into criminal acts
the Sex Offender Registry to include a increased penalty for subsequent offenses; Non-registration of a sex offender be a reportable event to the Central Repository for Criminal History Record Information; Restricts sex offenders from entering real property owned or used for a public or n
have an offender score of five and faces a standard sentence of roughly 5 1/2 to a little over six years in prison. But say that person’s offender score includes two points for prior VUCSA possession convictions: As a result of the Blake opinion, his or her offender score drops to three
A-3 Short Beam Shear (ASTM D 2344) A-4 Two-Rail Shear (ASTM D 4255) A-5 Three-Rail Shear (ASTM D 4255) A-6 Shear Strength by Punch Tool (ASTM D 732) A-7 Sandwich Panel Flatwise Shear (ASTM C 273) A-8 Special Sandwich Panel Shear Fixture (ASTM C 273) SEZIONE B: PROVE DI COMPRESSIONE B-1 Wyoming Combined Loading Compression (ASTM D 6641) B-2 Modified ASTM D 695 (Boeing BSS 7260) B-3 IITRI .
