House Co-Sponsorship Memoranda

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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted:	June 16, 2014 11:58 AM
From:	Representative Todd Stephens and Rep. Marcy Toepel, Rep. Deberah Kula, Rep. Dom Costa, Rep. Sheryl M. Delozier
To:	All House members
Subject:	Restitution in Pennsylvania Reforms-- 5 Bill Package

In 2011, the Office of Victim Advocate convened The Restitution in Pennsylvania Task Force to study and develop recommendations for improving the restitution process in Pennsylvania on both the State and local levels. The Task Force brought together key stakeholders, agencies and organizations from across all stages of victim restitution work. The Task Force conducted a thorough review of restitution processes at the state and local level in order to identify gaps and develop recommendations to maximize the effectiveness of both the criminal and juvenile systems in collecting restitution for victims. In February 2013, the Task Force issued its final report including 47 recommendations for reforms.

Following publication of the Task Force’s report, a bi-partisan working group of the House Judiciary Committee undertook a review of the various recommendations and held a hearing on the subject. In conjunction with the Victim Advocate and other Task Force members, the working group identified a package of five bills as a starting point for reform, all focused on enhancing the collection of restitution from those convicted of crimes. We ask that you join us in sponsoring these bills designed to help make victims whole.

Document #1

Description:	Deductions from Inmate Deposits – (Rep. Todd Stephens) This bill will establish a mandated minimum percentage threshold for deductions from deposits made to inmate personal accounts in county and state correctional facilities. Current law authorizes, but does not require, prison officials to deduct money from inmate accounts to satisfy the prisoners’ court-ordered restitution. As a consequence, county and state prison inmates spend money from their inmate accounts at the prison commissary on such luxuries as televisions and snack food, while ignoring their obligation to compensate their victims. (Task Force Recommendations #9 and #37.)

Document #2

Description:	Wage Attachments – (Rep. Marcy Toepel) This bill will improve the collection of restitution for crime victims by authorizing courts to order wage attachment for defendants for the payment of restitution, fines, and costs. Current law governing the attachment of wages gives priority status only to attachments for support obligations. This bill will maintain the first priority for support payments and grant second priority to restitution payments. (Task Force Recommendations #41, #43, and #44.)

Document #3

Description:	State Income Tax Intercept -- (Rep. Deberah Kula) This bill will amend the Crime Victims Act to require the Department of Revenue to deduct any outstanding restitution, court fees, fines, or court costs from any state income tax refunds otherwise payable to defendants. (Task Force Recommendation #46.)

Document #4

Description:	County Collections Efforts – (Rep. Dom Costa) This bill will preserve the counties’ authority to outsource collections efforts, but requires any county that does not do so to establish a collections enforcement unit itself to focus on collections enforcement efforts within the county. This bill will also require counties to compile information showing that its restitution collections are accorded priority over other county-imposed prison room-and-board rates, or court-imposed costs or fees. (Task Force Recommendations #7 and #18.)

Document #5

Description:	Deductions from Bail Money – (Rep. Sheryl Delozier) This bill will require courts to deduct from amounts of bail that would otherwise be returnable to a defendant such an amount that will satisfy the defendant’s outstanding restitution, fees, fines, and costs. (Task Force Recommendation #42.) Taken together, these five pieces of legislation will hold defendants accountable for the economic harm that they cause to victims of their crimes.