YES! we can collect Restitution in Prison! Restitution & Prison YES! we can collect Restitution in Prison!
IDOC Restitution as of May 2016 County Clerk Location Open Cases Begin Balance Ada County Clerk 1116 $ 9,802,398.46 Bannock County Clerk 1 $ 5,687.50 Bingham County Clerk 2 $ 489.22 Bonner County Clerk $ 599.80 Boundary County Clerk $ 1,058.43 Canyon County Clerk 30 $ 168,913.07 Cassia County Clerk $ 2,601.58 Elmore County Clerk $ 5,077.56 Fremont County Clerk $ 1,277.18 Jerome County Clerk 3 $ 48,144.54 Kootenai County Clerk 7 $ 39,012.87 Madison County Clerk $ 335.00 Minidoka County Clerk 4 $ 6,176.35 Nez Perce County Clerk $ 735.45 Payette County Clerk $ 24,405.92 Twin Falls County Clerk 18 $ 52,250.62 Washington County Clerk $ 8,222.38 (Total orders) 1191 $ 10,167,385.93 (Total Restitution)
BUT how do we know if we are getting all the Restitution Orders? Take a sample, so that’s what we did… We examined all the offender Commitments January-April 2016. That was 3,300 commitments By excluding probation we dropped the number to 1,386 (Termer, Rider, Parole Violator Commitments only). Then 1,386 Judgment & Conviction Orders were examined for Restitution Orders. Staff resources: 1 Victim Services Coordinator and a light duty person; it took 3 months.
Setting our sights: victim specific 1386 J&C Orders were examined for Restitution Orders. Specifically looking for: IC 19-5304 reimbursement for victims & Crime Victims Compensation Fund. IC 19-5307 Civil Judgments for victim pain & suffering. And unstated code but victim specific.
Our intent was to examine Victim specific restitution only, so we did NOT include… IC 19-852 (Public Defender fees) IC 19-5302 (Prosecutor investigation fees) IC 19-5304 (County Coroner’s Office fees) IC 19-5506 (recording DNA fees) IC 37-2732 (drug testing fees) IC 72-1025 (CVCF general fee)
Back up, did you say 5307 Civil Judgments! YES. And here’s why. I need your help.
Let’s lighten up
So what did we learn for our sample? 1,386 J&C Orders reviewed. 426 Orders included restitution. The “drilling down” process was extremely time consuming. 117 orders required court clerk requests. 265 Victim Specific Restitution Orders were identified. Only 38 orders had been received.
265 Restitution Orders per County County Clerk Location Orders Ada County 108 Jefferson County 1 Adams County Jerome County 5 Bannock County 7 Kootenai County 6 Bingham County Latah County 3 Boise County Lemhi County 2 Bonner County Clerk Lewis County Bonneville County Lincoln County Boundary County Madison County Canyon County 37 Minidoka County Caribou County Nez Perce County Clerk 4 Cassia County Owyhee County Custer County Payette County 8 Elmore County Power County Fremont County Teton County Gooding County Twin Falls County 46 Idaho County Washington County
The sample code break down 265 victim specific restitution orders in our 4 month snap shot included: 121 under IC 19-5304, $820,837 117 unstated Idaho Code, $675,626 27 under IC 19-5307, $135,500
Bottom Line! what’s the bottom line? The 265 victim specific Restitution Orders identified in the 4 month snap shot totaled: $1,631,962 !!
Final comment, thanks for your time.