NCJ Number
185840
Journal
Federal Probation Volume: 64 Issue: 2 Dated: June 2000 Pages: 62-72
Date Published
June 2000
Length
11 pages
Annotation
This analysis of legal issues related to the imposition and enforcement of restitution in Federal cases focuses on the role of the probation officer in determining the defendant’s ability to pay, the effect of other proceedings on the amount, the imposition procedures, post-sentencing adjustments, and the enforcement of a restitution order.
Abstract
The presentence report is the court’s main source of information for determining the amount of restitution or the manner of payment. The Mandatory Victims Restitution Act (MVRA) of 1996 made changes that strengthened the authority of courts and officers working on behalf of the courts to obtain financial information from and about the defendant. These changes increased the importance of the presentence report. Other proceedings that may affect the restitution amount include civil agreements or settlements, forfeiture, and bankruptcy. Imposition issues include whether an immediate or lump sum payment is due, the meaning of the words due immediately, and payment schedules. The law also lists ways in which a restitution order can be vacated or amended to increase or reduce the amount. The law also makes it clear that the liability to pay a fine or restitution lasts 20 years plus any period of incarceration or until the defendant’s death. Courts have many options for enforcing payment options. The new MVRA provisions make more explicit the authority on which probation officers can rely in conducting a continuing investigation into the defendant’s financial resources and in seeking enforcement measures from their courts when defendants are able to pay more toward restitution than they are paying. Reference notes