In January 1996, a meeting was
held with the then Maricopa County Superior Court (MCSC) Presiding Criminal Judge, Ronald
Reinstein, Director, Terry L. Stewart and Department staff, and representatives from
Maricopa and Pima County Courts and Probation, to determine ways in which the Department
could collaborate with these agencies to assist the courts in monitoring restitution
payments owed by offenders once they were no longer under the purview of the Department of
Corrections.
In October 1997, an ad hoc committee consisting of representatives from
the Superior Court Administration, Clerk of the Court (COC), Adult Probation, Attorney
General, Arizona Department of Corrections (ADC), and the County Attorney's Office was
established by Judge Ronald Reinstein. The committee was formulated to review, modify,
and/or develop a more understandable, effective restitution collection process for
Maricopa County. This committee was further enhancement of the initial meeting (held in
1996) aimed at creating a synergy among the various agencies utilizing criminal data to
assure an effective restitution collection system was implemented to assist victims in
obtaining restitution in a more timely manner.
The ad hoc committee's primary goals were to:
| 1 |
Improve the accuracy of victim information coming to the COC office from
all agencies; |
| 2 |
Improve the quality and quantity (if appropriate) of criminal monetary
orders; |
| 3 |
Define the scope of each agency's responsibilities in collecting
restitution for victims; |
| 4 |
Review the extent to which agencies involved in some aspect of the
collection and distribution of restitution to victims follow the existing statutes; |
| 5 |
Examine ways to more effectively and efficiently provide
restitution/services to victims; and, |
| 6 |
Determine the appropriate process for agencies to interact with one
another. |
CURRENT PROCESS:
When inmates are released from prison under community supervision, the supervising parole
officer mandates as a condition of supervision, that the offender begin paying victim
restitution in accordance with the court documents. The parole officer monitors the
offender's payments of restitution, which are sent directly to the court by the offender.
For a number of years, ADC has submitted to the COC a list of names on
a monthly basis of inmates who have been released from prison. The Clerk utilizes the
lists to assist in more effectively tracking restitution payments. In the spirit of
cooperation, Department has modified the reporting process several times throughout the
past 10 years at the Clerk's request. These modifications have been made to provide more
precise data and better coordination, thereby improving the management of this process.
This "paper" process is still utilized.
PROPOSED PROCESS
In consultation with employees from court, and the Clerk's office, the Department recently
acquired software which enables ADC to access information from the COC's database and
input appropriate inmate payment and release information directly into the system. A
designated phone line has been installed to enable ADC to access by computer the Maricopa
County COC in order to post restitution information and share current payment data with
parole officers who are seeking verification that payments have been made by offenders
under supervision. The new process entails the parole officer submitting the offender's
sentencing orders with restitution information to a central repository within Community
Corrections. These reports are submitted at the end of the offender's supervision term so
that paperwork can be forwarded to the Superior Court for the completion of restitution
and criminal orders. The "Paperless" data system will enable the COC to track
each offender without needing to input the data themselves. The new process will allow
staff from both agencies to access:
1. Data on offenders whose restitution payment begin date occurs after the
inmate is released from prison and who are not under supervision.
2. Data on offenders whose restitution payment begin date occurs after
they have been released from prison and who are under community supervision status.
3. Verification of payments made by offenders under supervision.
In addition to the above, ADC Inmate Banking has implemented a new
procedure for processing payments of court ordered restitution. The new procedure will
produce a monthly batch report from the Accounts Receivable System, to enable the
Department to submit one check by the I 0th
Under the new system,
the Department assists the Maricopa County Superior Court, and the Clerk's office by
providing the victim's current address. Finally, a letter will be developed in the near
future providing victims with an overview of the restitution system, and the phone numbers
of the appropriate individuals the victims may contact in each agency for information and
assistance regarding their specific case. These letters will be distributed at the time
victims are notified of an inmate's release.
The entering of appropriate information into the Clerk's information
base (by ADC) occurs while the inmate is in prison, if the inmate is required to pay
restitution while incarcerated, or at the time of release when any and all community
supervision is complete.
This multi-agency committee streamlines efforts to hold offenders
accountable for their actions and abide by their sentencing orders.
Director
