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State Administration of Penalty Assessment Programs for Criminal Justice Purposes

NCJ Number
101125
Date Published
1985
Length
19 pages
Annotation
A 1984 survey was conducted to examine the operation of penalty assessment programs (PAP's) in the 50 United States.
Abstract
Penalty assessment refers to a process whereby a percentage of the dollar amount of all or a certain category of monetary judgments against offenders is earmarked for special uses. Of the 32 States responding to the survey, 27 have PAP's. All of the programs began after 1980, supporting the impression that PAP's are increasingly being used as a means to generate resources for law enforcement activities. Similarly, legislative activity in this area has been accelerating. Of States considering changes in their PAP's, almost all would expand the program or increase the existing assessment rates. Administering agencies include the court system, departments of justice, and special boards. Funds generated by these programs annually ranged from $84,000 to $114 million (in California). Two-thirds of States use an absolute dollar amount while one-third calculate the penalty as a percentage of the fine. Criminal penalties are more often covered under the PAP's than are traffic violations. Use of funds varied from victim-witness assistance programs to contributions to court and jail operating costs. Substantial tabular data.