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On Mon, 11 Jun 2007 08:10:05 -0400, "Mortimer Schnerd, RN"
mschnerdatcarolina.rr.com wrote in : Well, too bad. Don't want to enjoy a romantic interlude with Bubba tonight? Don't hold up the 7-11 today. I'd say you may benefit from having your moral compass reswung. Clearly there is something causing it to deviate from the ethical and just. The intent of punishment for criminal behavior should be rehabilitation, not vengeance. I believe restitution should play a large role in sentencing. That way a criminal sees that s/he does not benefit from their criminal acts, but compensates victims instead. A fine idea. Who shall the criminal rob to come up with the compensation? http://www.cdc.state.ca.us/Victims/d...ion_Survey.pdf Increase the rate of restitution garnishment from inmates.The CDCR collects restitution by garnishing inmate wages and trust account deposits. Restitution garnishment rates have increased from 20% in 2000 to 40% in 2005. In addition, regulations have been adopted to increase them to 50% in January of 2007 (California Administrative Code, Title 15, Section 3097).Increases in overall collections as a result of the increases in restitution garnishment rates have been realized, as shown in the chart on page 3 http://www.ojp.usdoj.gov/ovc/publica...lletin5/4.html Attachment of State Payments to the Defendant Some states allow by statute various state payments, which ordinarily would first go to the defendant, to be used to satisfy restitution orders. For example, Maryland and Wisconsin laws allow a defendant’s lottery prize to be used to pay restitution.18 Iowa requires that any witness fees paid to an inmate be applied toward restitution.19 In Tennessee, 15 percent of the amount raised by the sale of inmate arts and crafts must be applied to restitution.20 Several states provide that whenever a prisoner is awarded damages in a civil suit, the award must be used to pay restitution.21 In Montana, any time a prisoner accumulates more than $200 in his or her prison inmate trust account, the excess is forfeited and used to pay any outstanding restitution.22 Similarly, Iowa law requires its director of corrections to deduct restitution payments, according to the inmate’s restitution plan, from the inmate’s account, which consists of money received by the inmate from any source.23 In some states, a defendant’s bond may be used to satisfy a restitution order.24 Under an Illinois appellate court ruling, courts may order that bond proceeds be applied to restitution even when someone other than the defendant provided the money.25 Wages From Prison Work Programs By law, many prison work programs must direct a portion of the offender’s wages to the payment of restitution.26 Some statutes apply only to programs within the prison,27 others to programs run by private industry using prison labor,28 and still others to work-release programs.29 Because California law requires a deduction from prison wages for the payment of restitution, a California appellate court has ruled that trial courts may presume the payment of restitution from prison wages unless evidence shows that a defendant would be ineligible.30 |
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