Restitution Reform - Senate Bill 617
Effective January 1, 2004, courts will be required to order full restitution as part of an adult criminal or youth offender sanction whenever the state presents evidence that establishes the amount of a victim's loss, injury or damages eligible for restitution. This is a change from current law which allows the court to consider the offenders ability to pay before ordering restitution. The bill also ends consideration of the rehabilitative effect of payment of restitution in criminal cases. Restitution is due and payable at the time of the order; if, but only if, the offender can prove an inability to pay in full, a payment schedule will be set up taking into account the offenders financial circumstances.
Senate Bill 617 represents a major policy shift for the State in providing that restitution should be ordered based on the loss to the victim, not on an offenders ability to pay at the time of sentencing. This is hopefully the first step in restoring credibility in the justice system as to restitution. While the bill does not make any changes relating to investigation of an offenders assets, collection of restitution, life of a judgment, civil remedies available to victims or the many other aspects of the criminal justice system that may relate to the payment of criminal restitution, it will reduce the guesswork in court over how much the adult or youth offender may be able to pay in the future. The court or probation or parole departments can set a payment schedule and modify it as circumstances change over the life of supervision. The bill makes no changes as to the period or terms of supervision. Offenders should still be held responsible for payment of restitution and aggressively supervised so that they meet their financial obligations to victims and the community.
Offenders who were youth offenders when causing the pecuniary loss can move for judicial relief from the restitution judgment if (1) ten years have passed since the entry of the judgment or the offender has satisfied at least one-half of the judgment; (2) the offender has substantially complied with all payment plans; (3) the offender has not been found within the juvenile court's jurisdiction under 419C.005 or convicted of an offense since entry of the restitution order; and (4) the offender has satisfactorily completed any required period of probation or parole for the act for which the restitution judgment was entered. Another change for youth offenders can be found in 419C.450 which, effective January 1, 2004, will mandate that when a court has ordered a youth to pay restitution the judgment must be docketed and will have the same effect as a judgment in a civil action as provided in ORS 18.320, 18.350, 18.360 and 18.400.
For technical assistance or questions about Senate Bill 617, call any of the members of the Attorney General's Restitution Reform Task Force listed on the following page.
Legal/District Attorneys:
Fred Boss, Administrator
Civil Enforcement Division
Department of Justice
(503) 378-4732
Dan Norris, District Attorney
Malheur County
(541) 473-5127
Helen Smith, Deputy District Attorney
Multnomah County
(503) 988-3154
Juvenile Offenders:
Vic Falgout, Director
Douglas County Juvenile Department
(541) 440-4409
Steve Dye, Director
Linn County Juvenile Department
(541) 967-3853
Court Administrators:
Bradd Swank, State Court Administrator
(503) 986-5519
Judges:
The Honorable Sid Galton
Multnomah County Circuit Court Judge
(503) 988-5047
Victims:
Cynthia Stinson, Administrator
Crime Victims' Services Division
Department of Justice
(503) 378-5348
Steve Doell, Director
Crime Victims United
(503) 635-2245
e-mail:sdoell@crimevictimsunited.org
Arwen Bird, Director
Survivors Advocating for an Effective System (SAFES)
(503) 274-2139
Faith Voehl, Victim Assistance Director
Josephine County District Attorney's Office
(541) 474-5200 x3080
Janice Faltersack, Victim Assistance Director
Columbia County District Attorney's Office
(503) 366-3914
Parole/Post-Prison Supervision:
Michael Washington, Chair
State Board of Parole and Post-Prison Supervision
(503) 945-8978
Victim Toll Free Number 1-800-503-7983
