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‌Restitution Benchbook 2020

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‌Restitution Benchbook 2020 Pennsylvania Restitution Benchbook 2020 The Honorable Alice Beck Dubow The Honorable Judith Ference Olson The Honorable Jack A. Panella The Honorable Victor P. Stabile Superior Court of Pennsylvania _____________________________________________________________________________ This Pennsylvania Restitution Benchbook is published by the Administrative Office of Pennsylvania Courts (AOPC). Points of view or opinions contained within this document are those of the author and do not necessarily represent any official position, policy or view of AOPC or the Pennsylvania judiciary. Part or all of this publication may be reproduced with permission and if credited to AOPC. Copies of this Benchbook are available at no charge to Pennsylvania judges. Principal Authors Project Managers Alice Beck Dubow, J. Jack A. Panella, P.J. Principal Authors Project Managers Alice Beck Dubow, J. Jack A. Panella, P.J. Judit Ference Olson, J. Stephen M. Feiler, Ph.D. Jack A. Panella, J. Judith Ference Olson, J. Stephen M. Feiler, Ph.D. Victorh P. Stabile, J. Jack A. Panella, P.J. Victor P. Stabile, J. Preface Preface This, the first edition of the Pennsylvania Restitution Benchbook has been prepared This, the first edition of the Pennsylvania Restitution Benchbook has been with the encouragement and sponsorship of Chief Justice Thomas G. Saylor and under prepared with the encouragement and sponsorship of Chief Justice Thomas G. Saylor and the supervision of Stephen M. Feiler, Ph.D., the head of the Education Department of under the supervision of Stephen M. Feiler, Ph.D., the head of the Education Department the Administrative Office of Pennsylvania Courts. The Benchbook is designed to assist of the Administrative Office of Pennsylvania Courts. The Benchbook is designed to assist judges in providing an overview of the law and procedure relating to restitution in adult judges in providing an overview of the law and procedure relating to restitution in adult and juvenile cases. When possible, procedural checklists have been included. and juvenile cases. When possible, procedural checklists have been included. • Chapter I covers basic principles and concepts when restitution must be Chapter I covers basic principles and concepts when restitution must be addressed in an adult or juvenile criminal prosecution. addressed in an adult or juvenile criminal prosecution. • Chapter II examines the imposition of restitution at the sentencing phase of Chapter II examines the imposition of restitution at the sentencing phase of an an adult criminal matter as part of a direct sentence. adult criminal matter as part of a direct sentence. • Chapter III addresses the imposition of restitution as a condition of probation Chapter III addresses the imposition of restitution as a condition of probation in an adult criminal prosecution. in an adult criminal prosecution. • Chapter IV examines the imposition of restitution in the dispositional phase Chapter IV examines the imposition of restitution in the dispositional phase of of a juvenile prosecution. a juvenile prosecution. • Chapter V includes the pertinent statutory provisions and Rules of Court Chapter V includes the pertinent statutory provisions and Rules of Court pertaining to restitution. pertaining to restitution. Acknowledgements Acknowledgments The dedicated talents of many individuals contributed to the production of this The dedicated talents of many individuals contributed to the production of this book. We particularly thank Thomas B. Darr and Geoff Moulton, respectively the former book. We particularly thank Thomas B. Darr and Geoff Moulton, respectively the former and current Court Administrators of Pennsylvania. and current Court Administrators of Pennsylvania. Special recognition must go to a number of individuals who contributed hours of Special recognition must go to a number of individuals who contributed hours of research and review: Darren Breslin, Esq., Education Department, AOPC; William research and review: Darren Breslin, Esq., Education Department, AOPC; William Blake, Blake, Esq., Assistant District Attorney, Northampton County; Nicolo Baratta, Esq., Esq., Assistant District Attorney, Northampton County; Nicolo Baratta, Esq., District District Attorney’s Office of Lehigh County; Jerry Rassias, Esq.; Richard Steele, Esq., Attorney’s Office of Lehigh County; Jerry Rassias, Esq.; Richard Steele, Esq., and the and the members of the Juvenile Court Judges Commission; Stuart Suss, Esq.; Brian members of the Juvenile Court Judges Commission; Stuart Suss, Esq.; Brian Panella, Esq.; Panella, Esq.; and Dillion Zernich, Esq., William Clements, Esq., Kyle Fitzpatrick, Esq., and Dillion Zernich, Esq., William Clements, Esq., Kyle Fitzpatrick, Esq., Caitrin Lally, Esq., Caitrin Lally, Esq., Ashley Stephans, Esq., Owen Ecker, Esq., Kimberly Hayman, Esq., Ashley Stephans, Esq., Owen Ecker, Esq., Kimberly Hayman, Esq., Sean M. Dougherty, and Sean M. Dougherty, Esq., of the Superior Court of Pennsylvania. We extend Esq., and Saad Syed, Esq., of the Superior Court of Pennsylvania. We extend appreciation appreciation to Doreen Lipare and Nancy Casciole for their administrative help. Lastly, to Doreen Lipare and Nancy Casciole for their administrative help. Lastly, we thank the we thank the following students and wish them well in their study of the law: Mark following students and wish them well in their study of the law: Mark Stevens, Duquesne Stevens, Duquesne University School of Law; Nicholas Battisti, Cornell University; University School of Law; Nicholas Battisti, Cornell University; Regan Murphy, Vermont Regan Murphy, Vermont Law School; and Ryan McKarski, Temple Law School. Law School; and Ryan McKarski, Temple Law School. i Pennsylvania Restitution Benchbook ii Benchbook Advisory Committee Honorable Kevin M. Dougherty Honorable Sallie Updyke Mundy Supreme Court of Pennsylvania Supreme Court of Pennsylvania Honorable Maria C. McLaughlin Honorable Daniel McCaffery Superior Court of Pennsylvania Superior Court of Pennsylvania Honorable Michael J. Koury, Jr. Honorable Edward D. Reibman President Judge, Northampton County President Judge, Lehigh County Honorable Timothy F McCune Honorable Richard M. Hughes, III Judge, Butler County Judge, Luzerne County Honorable Jeffrey A. Manning Honorable Brian T. McGuffin Judge, Allegheny County Judge, Bucks County Honorable Paula A. Roscioli Honorable Michael J. Barrasse Judge, Northampton County President Judge, Lackawanna County Honorable Terrence R. Nealon Honorable David J. Barton Judge, Lackawanna County Magisterial District Judge, Allegheny County Terrance Houck, Esq. Stephen A. Zappala, Jr., Esq. District Attorney, Northampton County District Attorney, Allegheny County Stephanie J. Salavantis, Esq. Aaron J. Marcus, Esq. District Attorney, Luzerne County Defender Association of Philadelphia Nancy Winkelman, Esq. Andrew Christy, Esq. Office of District Attorney, Philadelphia ACLU of Pennsylvania ii Foreword by Chief Justice Thomas G. Saylor Supreme Court of Pennsylvania Restitution as a manner of compensating victims can be found in the earliest examples of written law, including the Code of Hammurabi and the Torah. Compensation was often scaled according to the perceived harm caused, and was intended to supplant interpersonal violence borne of vengeance. In many early societies, no distinction was made between private and public harm, or between criminal and civil acts. Courts were focused on restoration, and often had great latitude in assigning the compensation deemed appropriate to satisfy the victim and restore community equilibrium. Over time, the role of courts evolved as the compensatory purpose of restitution came to be recognized as secondary to the purpose of rehabilitating the offender. Restitution became encouraged as a way to impress upon the offender the egregious nature of the conduct and the offender’s responsibility for it, to deter repeat malfeasance, and to encourage individuals to live in a responsible way. The considerations in determining appropriate restitution continue to evolve today, as this Benchbook illustrates. In 2016, upon recommendation of the Criminal Procedural Rules Committee, the Pennsylvania Supreme Court modified several rules of criminal procedure toward the end of standardizing how restitution is awarded in those cases. The Committee’s work was informed by recommendations from the Restitution in Pennsylvania Task Force. The Task Force, convened in 2011 by the Pennsylvania Office of the Victim Advocate, was charged with identifying, “solutions to increase the quality of restitution services at the state and county levels.” Criminal justice partners from the judicial, legislative and executive branches collaborated in the effort. In their 2013 Final Report, the Task Force identified important considerations and best practices in managing restitution. Now, in 2020, the Supreme Court and the Administrative Office of Pennsylvania Courts provide this concise, practical guide for trial judges issuing orders of restitution. And although the Benchbook is written primarily for trial court judges, appellate court judges also may find the information useful. Similarly, both new and experienced judges should find value. The Benchbook details the applicable statutes, rules, and case law, and offers perspectives from experienced judges on issues that can arise in restitution cases. It provides guidance on common questions surrounding the mandatory nature of restitution. Importantly, it also addresses matters that are not routine,
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