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Fines and Restitution: Improvement Needed in How Offenders' Payment Schedules Are Determined

GGD-98-89 Published: Jun 29, 1998. Publicly Released: Jul 29, 1998.
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Highlights

Pursuant to a congressional request, GAO reviewed court orders of fines and restitution imposed on federal criminal offenders, focusing on: (1) identifying guidance available to probation officers on how to determine payment schedules for offenders who received orders to pay fines to the government and restitution to their victims; and (2) assessing, in two judicial districts, how offenders' payment schedules were actually determined while under court supervision.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Administrative Office of the United States Courts The AOUSC should establish, as policy, specific guidance on how probation officers should determine how offenders should pay their fines and restitution, including criteria establishing what types of assets should be considered for immediate lump-sum payments or substantial payments; how installment schedules should be established; and the type and amount or range of expenses that should ordinarily be considered necessary when determining the amount of payments under installment schedules.
Closed – Implemented
The Administrative Office of the U.S. Courts completed work on revised guidelines for probation officers in response to GAO's recommendations. A final set of guidelines was issued on September 19, 2000.
Administrative Office of the United States Courts The AOUSC should establish as policy that personal financial statements should be obtained on a regular, timely basis, such as every 6 months or when circumstances change, from offenders on installment payment schedules.
Closed – Implemented
The Administrative Office of the U.S. Courts completed work on revised guidelines for probation officers in response to GAO's recommendations. A final set of guidelines was issued in September 2000.
Administrative Office of the United States Courts The AOUSC should implement procedures to ensure that probation officers are aware of and recognize the guidelines as AOUSC policy.
Closed – Implemented
The Administrative Office of the U.S. Courts completed work on revised guidelines for probation officers in response to the recommendations. A final set of guidelines was issued in September 2000.

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Topics

Agency proceedingsCriminalsFinancial statementsFines (penalties)Employee trainingInstallment paymentsNoncomplianceProbation officersRestitutionFairness