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Criminal Restitution Improvement Act of 2006

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Criminal Restitution Improvement Act of 2006 CRIMINAL RESTITUTION IMPROVEMENT ACT OF 2006 HEARING BEFORE THE SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED NINTH CONGRESS SECOND SESSION ON H.R. 5673 JUNE 13, 2006 Serial No. 109–116 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 28–198 PDF WASHINGTON : 2006 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 14:44 Aug 15, 2006 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 G:\WORK\CRIME\061306\28198.000 HJUD2 PsN: 28198 COMMITTEE ON THE JUDICIARY F. JAMES SENSENBRENNER, JR., Wisconsin, Chairman HENRY J. HYDE, Illinois JOHN CONYERS, JR., Michigan HOWARD COBLE, North Carolina HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia ELTON GALLEGLY, California JERROLD NADLER, New York BOB GOODLATTE, Virginia ROBERT C. SCOTT, Virginia STEVE CHABOT, Ohio MELVIN L. WATT, North Carolina DANIEL E. LUNGREN, California ZOE LOFGREN, California WILLIAM L. JENKINS, Tennessee SHEILA JACKSON LEE, Texas CHRIS CANNON, Utah MAXINE WATERS, California SPENCER BACHUS, Alabama MARTIN T. MEEHAN, Massachusetts BOB INGLIS, South Carolina WILLIAM D. DELAHUNT, Massachusetts JOHN N. HOSTETTLER, Indiana ROBERT WEXLER, Florida MARK GREEN, Wisconsin ANTHONY D. WEINER, New York RIC KELLER, Florida ADAM B. SCHIFF, California DARRELL ISSA, California LINDA T. SA´ NCHEZ, California JEFF FLAKE, Arizona CHRIS VAN HOLLEN, Maryland MIKE PENCE, Indiana DEBBIE WASSERMAN SCHULTZ, Florida J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas PHILIP G. KIKO, General Counsel-Chief of Staff PERRY H. APELBAUM, Minority Chief Counsel SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY HOWARD COBLE, North Carolina, Chairman DANIEL E. LUNGREN, California ROBERT C. SCOTT, Virginia MARK GREEN, Wisconsin SHEILA JACKSON LEE, Texas TOM FEENEY, Florida MAXINE WATERS, California STEVE CHABOT, Ohio MARTIN T. MEEHAN, Massachusetts RIC KELLER, Florida WILLIAM D. DELAHUNT, Massachusetts JEFF FLAKE, Arizona ANTHONY D. WEINER, New York MIKE PENCE, Indiana J. RANDY FORBES, Virginia LOUIE GOHMERT, Texas MICHAEL VOLKOV, Chief Counsel DAVID BRINK, Counsel CAROLINE LYNCH, Counsel JASON CERVENAK, Full Committee Counsel BOBBY VASSAR, Minority Counsel (II) VerDate 0ct 09 2002 14:44 Aug 15, 2006 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 0486 G:\WORK\CRIME\061306\28198.000 HJUD2 PsN: 28198 C O N T E N T S JUNE 13, 2006 OPENING STATEMENT Page The Honorable Howard Coble, a Representative in Congress from the State of North Carolina, and Chairman, Subcommittee on Crime, Terrorism, and Homeland Security ............................................................................................... 1 The Honorable Robert C. Scott, a Representative in Congress from the State of Virginia, and Ranking Member, Subcommittee on Crime, Terrorism, and Homeland Security ....................................................................................... 1 The Honorable Steve Chabot, a Representative in Congress from the State of Ohio, and Member, Subcommittee on the Constitution ................................ 3 WITNESSES Mr. Douglas Beloof, Director, National Crime Victim Law Institute, Lewis and Clark Law School Oral Testimony ..................................................................................................... 6 Prepared Statement ............................................................................................. 7 Mr. Daniel Levey, President, Parents of Murdered Children, Inc. Oral Testimony ..................................................................................................... 10 Prepared Statement ............................................................................................. 12 Mr. James Felman, Partner, Kynes, Markman & Felman, P.A. and Co-Chair, Committee on Corrections and Sentencing Oral Testimony ..................................................................................................... 23 Prepared Statement ............................................................................................. 25 APPENDIX MATERIAL SUBMITTED FOR THE HEARING RECORD Prepared Statement of the Honorable Robert C. Scott, a Representative in Congress from the State of Virginia, and Ranking Member, Subcommittee on Crime, Terrorism, and Homeland Security ................................................... 58 Prepared Statement of the Honorable Shelia Jackson Lee, a Representative in Congress from the State of Texas .................................................................. 60 Prepared Statement of the Honorable Steve Chabot, a Representative in Congress from the State of Ohio ......................................................................... 64 (III) VerDate 0ct 09 2002 14:44 Aug 15, 2006 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 G:\WORK\CRIME\061306\28198.000 HJUD2 PsN: 28198 VerDate 0ct 09 2002 14:44 Aug 15, 2006 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 G:\WORK\CRIME\061306\28198.000 HJUD2 PsN: 28198 CRIMINAL RESTITUTION IMPROVEMENT ACT OF 2006 TUESDAY, JUNE 13, 2006 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY COMMITTEE ON THE JUDICIARY, Washington, DC. The Subcommittee met, pursuant to call, at 9:30 a.m., in Room 2141, Rayburn House Office Building, the Honorable Howard Coble (Chairman of the Subcommittee) presiding. Mr. COBLE. Good morning, ladies and gentlemen. We welcome you to this important hearing before the Subcommittee on Crime, Terrorism, and Homeland Security to examine the Criminal Res- titution Improvement Act of 2006 introduced by the distinguished gentleman from Ohio, our colleague and Member, Mr. Chabot. As a strong proponent of victims rights, I’m troubled by recent reports indicating that a large percentage of restitution is uncol- lected. Restitution, it seems to me, plays a critical role in the deter- rence and rehabilitation of offenders by encouraging them to com- pensate their victims; yet restitution remains one of the most under-enforced victims rights within the criminal justice system. Crime victims suffer not only physical and emotional trauma, but financial loss as well. The Justice Department estimates the tan- gible cost of crime, including medical expenses, lost wages and vic- tim assistance, to be approximately $105 billion a year; unfortu- nately, most of this is not collected. Between 1996 and 2002, the amount of outstanding criminal debt more than quadrupled, from roughly 6 billion to almost $25 billion. The Criminal Restitution Improvement Act before us today en- hances the Federal restitution system by providing additional tools to the Government, probation department, and the courts to assist with collection of outstanding restitution. I commend Mr. Chabot—and I think he’ll be with us subse- quently—for his dedication to crime victims and his hard work on this legislation. And I note for the record that the Justice Depart- ment has indicated its support for this legislation. I look forward to hearing from our witnesses today. And now I’m pleased to recognize the distinguished gentleman from Virginia, the Ranking Member of this Subcommittee, Mr. Bobby Scott. Mr. SCOTT. Thank you, Mr. Chairman. I’m pleased to join you in convening the hearing on the Criminal Restitution Improvement Act of 2006. We need to see, however, if this bill will actually in- crease restitution, as the name implies. (1) VerDate 0ct 09 2002 14:44 Aug 15, 2006 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6601 G:\WORK\CRIME\061306\28198.000 HJUD2 PsN: 28198 2 Restitution is already mandated in most instances of victim loss in Federal criminal cases. As the GAO reported in its 2001 study on the issue, the Mandatory Victims Restitution Act of 1996, re- quiring the court to order full restitution to each victim in the full amount of each victim’s losses without regard of the offender’s eco- nomic situation, has not resulted in significantly more restitution being collected, but only in a dramatic increase in the balance of reported uncollected criminal debt. The fact is the vast majority of criminal defendants are indigent, requiring the appointment of a public defender to represent them. At the same time, the GAO report indicated that even in the few cases where the defendant does have some assets, it is difficult to collect restitution noting that, quote, ‘‘criminal defendants may be incarcerated or deported, with little earning capacity.’’ They often spend money on attorneys who are paid up front. Their assets, ac- quired through criminal activity, may be seized by the Government prior to conviction; thus, by the time fines and restitution are as- sessed, offenders may have no assets left for making payments and restitution. If the vast majority of offenders are broke when they come to prison, going out and trying to find a job with a felony conviction is not likely to improve their ability to have money to meet their own needs to survive, and the survival of their dependents, and pay restitution. Everyone is in favor of more victim restitution; however, tying it to the false hope of squeezing more restitution out of destitute pris- oners is not likely to result in the collection of more restitution, but only increasing the
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