[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1211

 To provide incentive grants to States to improve methods of ordering, 
  collecting, and enforcing restitution to victims of crime, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            September 6 (legislative day, September 5), 1995

   Mr. Coats introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide incentive grants to States to improve methods of ordering, 
  collecting, and enforcing restitution to victims of crime, and for 
                            other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restitution and Responsibility 
Act''.

SEC. 2. GRANT PROGRAM.

    (a) In General.--The Attorney General is authorized to provide 
grants to States to enable the States to--
            (1) collect data on victim restitution over a specified 
        period of time as determined by the Attorney General;
            (2) create or expand automated data systems to track 
        restitution payments;
            (3) make improvements in the manner in which restitution is 
        ordered and collected; and
            (4) enhance and expand methods of enforcement of 
        restitution orders.
    (b) Eligibility.--To be eligible to receive a grant under this Act, 
a State shall--
            (1) submit an application to the Attorney General, in such 
        form as the Attorney General shall require, that meets the 
        requirements of subsection (c); and
            (2) certify that the State has a victim advocacy program 
        that--
                    (A) provides assistance to victims of crime 
                throughout the judicial process; and
                    (B) provides courts with a victim impact statement 
                prior to sentencing.
    (c) Application.--An application meets the requirements of this 
subsection if it includes--
            (1) a description of the State's victim advocacy program;
            (2) a description of the method by which the State compiles 
        or will compile data on restitution, including information on--
                    (A) restitution amounts ordered and collected;
                    (B) collection rates for incarcerated offenders and 
                offenders who are on probation;
                    (C) collection rates for offenders committing 
                felonies and for those committing misdemeanors; and
                    (D) rates of partial and full payment rates of 
                collection;
            (3) documentation of a State's current problems in 
        ordering, collecting, and enforcing restitution;
            (4) a description of State laws and practices related to 
        restitution;
            (5) a description of administrative and legislative options 
        to improve ordering, collecting, and enforcing restitution;
            (6) a description of the State's proposal to create or 
        expand an automated data processing system to track restitution 
        payments;
            (7) a description of the State's plan to improve the 
        ordering of restitution, including--
                    (A) provisions to ensure that courts order 
                restitution whenever a victim suffers economic loss as 
                a result of unlawful conduct by a defendant;
                    (B) provisions to ensure that restitution is 
                ordered in the full amount of the victim's loss, as 
                determined by the court;
                    (C) the prioritization of restitution in the 
                ordering and disbursing of fees; and
                    (D) such other provisions consistent with the 
                purposes of this Act;
            (8) a description of how the State will improve collection 
        of restitution payments, including--
                    (A) the establishment of a central accounting, 
                billing, and collection system that tracks the 
                offender's obligations and status in meeting those 
                obligations;
                    (B) a process by which information about an 
                offender's restitution payments is made available to 
                probation officials;
                    (C) adopting methods to ensure payments such as 
                automatic docketing, billing, wage withholding, 
                privatization of collection, withholding State grant 
                privileges, or seizure of state income tax refunds; and
                    (D) other provisions consistent with the purposes 
                of this Act;
            (9) a description of how the State will enforce restitution 
        payments, including--
                    (A) assigning an agency responsible for the 
                enforcement of a restitution order;
                    (B) adopting policies to increase the intensity of 
                sanctions if an offender defaults on payments, 
                including--
                            (i) revoking a term of probation or parole;
                            (ii) modifying the terms or conditions of 
                        probation or parole;
                            (iii) holding a defendant in contempt of 
                        court;
                            (iv) entering a restraining order or 
                        injunction; or
                            (v) ordering the sale of property of the 
                        defendant;
                    (C) adopting procedures to ensure restitution 
                orders are entered as civil judgments upon entry to 
                allow a victim to execute judgment if restitution 
                payments are delinquent;
                    (D) such other provisions consistent with the 
                purposes of this Act; and
            (10) the establishment of a community restitution fund 
        administered by a State agency into which restitution payments 
        are made by an offender (in addition to victim restitution 
        payments) and can be used to pay indigent offenders for 
        performing public service work.
    (d) Waiver.--The Attorney General may waive the requirements under 
subsection (c) for a State that demonstrates sufficient cause for lack 
of compliance.
    (e) Grant Period.--A grant under this Act shall be awarded for a 
period of not more than 5 years.

SEC. 3. REPORT.

    Each State receiving a grant under this Act shall submit an annual 
report to the Attorney General that includes an evaluation of the 
progress of the projects funded through the grant, an accounting of 
expenditures, and such other provisions as may be required by the 
Attorney General. The Attorney General shall issue an annual report to 
Congress that includes the information submitted by States under this 
section.

SEC. 4. EVALUATION.

    (a) Final Evaluation.--Within a month after the award of the first 
grant made under this Act, the Attorney General shall contract with an 
independent organization to do a final evaluation of the projects 
funded by this Act at the end of 5 years.
    (b) Interim Evaluation.--The Attorney General shall conduct an 
interim evaluation of the projects funded by this Act 3 years after the 
first grant made under this Act.
    (c) Content of Reports.--The reports required by subsections (a) 
and (b) shall include the following information:
            (1) An evaluation of data collection efforts.
            (2) An assessment of whether ordering of restitution 
        increased and whether prioritizing restitution in fees 
        collected improved restitution payments.
            (3) An analysis of whether the project was successful in 
        improving significantly restitution collection rates.
            (4) An evaluation of most effective methods in improving 
        restitution collection and in enforcing restitution payments.
            (5) An analysis of how effective automated data systems 
        were in increasing restitution collection.
            (6) An analysis of States' use of the community restitution 
        fund and its effectiveness in ensuring indigent offenders pay 
        restitution.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $10,000,000 in each of 
fiscal years 1997, 1998, 1999, 2000, and 2001 to carry out this Act.
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