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Restitution: A Model Enactment of Restorative Justice

Justice Fellowship Task Force, D. C
June 4, 2015

Source: (1996) Washington, DC: Justice Fellowship.

This document presents model legislation to establish restitution in a form that brings restorative justice principles to State criminal justice systems. The legislation features mandatory full compensation to all the victims, a comprehensive collection mechanism with enforceable sanctions to obtain payment from the time of sentencing until the obligation is satisfied, and integration with the corrections process to effect a personal change in the offender. The provisions define the policy and legislative intent, define the operative terms, explain the meaning and imposition of restitution in sentencing, and define the mechanisms for collecting the restitution. Further provisions define sanctions to make the law effective; funding provisions to relieve the economic burden on the taxpayers; accountability through legislative reporting, fiscal audits, and administrative reviews; and the specific rights of recourse for the crime victims. The model is defined to provide a detailed framework on which each State may develop legislation to address the specific deficiencies in their existing laws.


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