FREE ELECTRONIC LIBRARY - Books, dissertations, abstract

Pages:   || 2 | 3 | 4 |

«Crime Does Not Pay, But Criminals May: Factors Influencing the Imposition and Collection of Probation Fees* David E. Olson and Gerard F. Ramker In ...»

-- [ Page 1 ] --

Crime Does Not Pay, But Criminals

May: Factors Influencing the

Imposition and Collection of

Probation Fees*

David E. Olson and Gerard F. Ramker

In this study, factors influencing the imposition and collection of probation fees in a sample of more than 2,400 Illinois adult probationers were examined. Predictor variables

were grouped into two major categories (probationer and sentence characteristics), and

four different measures related to probation fees were studied: 1) whether or not probation fees were imposed, 2) when imposed, the total amount of probation fees ordered,

3) the monthly rate of probation fees, and 4) the percentage of fees paid/collected.

Multivariate analyses revealed that some factors were consistent predictors of all measures of probation fees (imposition, amount, and collection rates), while other factors were only predictive of some of these measures. Probationer characteristics, including race, income, and prior convictions, were predictive of whether fees were imposed and the collection rate, while environmental conditions, such as whether the probationer was sentenced in a rural jurisdiction or whether other financial conditions of probation were imposed, such as criminal fines, were predictive of all three measures of probation fees.

The pressure for government agencies to increase their effectiveness and efficiency, while at the same time reducing the burden on taxpayers, has resulted in a number of significant changes in the ways in which public agencies are financed. One mechanism through which public organizations have increased their resources has been the assessment of user fees, which place more of the burden for supporting the cost of government services on those who disproportionately use them. Although this practice has been adopted for many types of government services, such as waste removal, the provision of water, electricity, and other utilities, and maintenance of roads, the widespread application of user fees, as opposed to fines, by the criminal justice system is relatively new.

Corrections is one component of the criminal justice system that has applied the practice of making “users” pay for services, particularly for community-based supervision programs. Indeed, many criminal justice practitioners and policymakers view fees * An earlier version of this paper was presented at the Annual Meeting of the Midwestern Criminal Justice Association, October 7, 1999, in Chicago. The authors greatly acknowledge the Illinois Criminal Justice Information Authority, which supported the data collection for this study through Grant #97-DB-MU-0017, awarded to the Illinois Criminal Justice Information Authority by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. We would also like to express our appreciation to the staff at the Administrative Office of the Illinois Courts’ Probation Services Division for initiating the study and the probation officers throughout Illinois for their efforts and commitment to the data collection phase of this project.

–  –  –

paid by offenders as filling the gap of diminishing tax revenues (Williams, 1987). Over the past two decades, the number of states authorizing the imposition of probation/supervision fees has increased dramatically. During the 1980s alone, for example, the number of states authorizing probation fees more than doubled (Ring, 1989). By 1991, thirty-two states allowed for the collection of probation fees, ranging from $5 to $100 per month (Davis, 1991). A recent United States Department of Justice, Bureau of Justice Statistics study revealed that over 98 percent of all probation sentences handed down in 1995 included some special conditions and that, most frequently, these included the payment of supervision fees, fines, or court costs, with supervision fees being the most commonly ordered special condition (Bonczar, 1997). However, unlike fines, which are principally designed for deterrence and retribution (Hillsman, 1990:51), probation fees are intended to have the offender partially support the costs associated with his or her supervision. In addition, whereas fines are usually set at specific amounts based on the offense, probation fees are usually based on a variable monthly rate, resulting in the total amount varying based on sentence length. Finally, while fines are one of the oldest forms of punishment (Hillsman et al., 1987), probation fees are relatively new.

Although the widespread use of probation fees only began in the mid- to late 1980s, it has been subjected to a considerable amount of research, evaluation, and debate. For example, a number of studies have examined the prevalence of probation fees as a condition of probation across different jurisdictions (e.g., Ellsworth and Weisheit, 1997;

Finn and Parent, 1993; Weiss, 1991; Williams, 1987), examined the impact probation fees have had on the financing of probation and factors associated with jurisdiction-level probation fee collection rates (Baird, Holien, and Bakke, 1987; Williams, 1987), and evaluated programs designed to increase these collection rates (e.g., Morgan, 1995;

Wheeler and Rudolph, 1990). There has also been a considerable amount of attention paid to the efficacy of collecting these fees from probationers (e.g., Wheeler et al., 1990), as well as philosophical arguments debating the benefits and problems associated with the practice.

Interestingly, research examining the magnitude of support probation fees can provide to probation departments has reached differing conclusions. For example, probation departments in some jurisdictions report becoming financially self-sufficient through the collection of supervision fees (Weiss, 1991), while others indicate the practice covers only a portion of operating costs (Williams, 1987). Still, substantial revenues can be generated through supervision fees. In 1990 local probation departments in the state of Texas, for example, collected over $57 million in probation fees, which supported 40 percent of probation budgets in the state (Finn and Parent, 1993). The state encouraged this lucrative practice by allowing probation departments to roll over a portion of the supervision fees collected into their next fiscal year budget.

There has also been a considerable amount of attention paid in the literature to methods used to increase the collection, and collection rates, of court-imposed probation fees and other financial requirements. For example, Baird, Holien, and Bakke (1987) identified a number of factors associated with probation fee collection rates across ninety different jurisdictions, including fee amount, unemployment and poverty of probationers, regular collection of fees, and agency access and use of the fee revenues.

OLSON and RAMKER Similarly, Williams (1987) concluded that jurisdictions that restrict the use of installment plans, require payment within relatively short periods of time (between two and four weeks), and strictly enforce penalties for nonpayment have higher fee and fine collection rates. Others have emphasized the role of the judiciary and court administrators in the enforcement of payment orders (Hillsman, 1988). There have also been a number of assessments focusing on the probation officer’s role as a revenue-collecting agent and the use of management reports focusing attention on fee collection. In Alabama, for example, many probation officers felt this activity took too much time away from their other duties, although they recognized the benefits and importance of fee collection for their agency and the positive effects it may have on the offender (Morgan, 1995). An evaluation of a procedure whereby probation officers were provided with performance feedback on probation fee collection rates found that this procedure increased fee collection rates (Wheeler and Rudolph, 1990).

However, despite the popularity of probation fees, there are many critics of the activity. The growing use of supervision fees has sparked debate on whether the practice will produce a conflict for probation officers who must decide whether to emphasize counseling, supervision, or the enforcement of economic sanctions in their work. The practice has also raised fears that such fees will compete with, and perhaps displace, restitution payments, victim-witness fees, or other court-ordered payments (Wheeler et al., 1990). Finally, as with most financial conditions of probation, there is the concern that the fee amounts will disproportionately impact lower-income probationers. This potential has frequently been identified in the literature regarding the imposition of criminal fines, which has suggested that fines may have a minimal impact on the wealthy and be impossible to collect from the poor (Hillsman, 1990:54). Further increasing this potential is the fact that the amount of many fines are fixed or set by law, resulting in these financial conditions disproportionately impacting the poor.

Despite all of these assessments of probation fees, which have tended to examine cross-jurisdictional differences in fee imposition and collection rates, relatively little empirical research has addressed the factors that influence the imposition and collection of probation fees across individual probationers. For example, one recent study found that nonmetropolitan probationers were more often required to pay probation fees than metropolitan probationers in Illinois (Ellsworth and Weisheit, 1997), but did not take into account any other probationer differences such as age, race, gender, and income.

The literature dealing with the identification of factors that influence the imposition of such fees on individual probationers is virtually nonexistent. Similarly, while many of the previously cited examples have identified factors associated with the collection of probation fees across jurisdictions, or have evaluated procedural steps that can enhance collection rates, little is known about what makes individual probationers more or less likely to have this ordered as a condition of their sentence.

While many have assumed that the imposition of probation fees is closely tied to the income of the probationer, the roles other defendant characteristics, such as age, gender, race, or education, play in fee imposition have not been examined sufficiently. Similarly, the extent to which conviction offense or other conditions of a probation sentence, such as treatment orders or the imposition of other financial requirements, influence the impoTHE JUSTICE SYSTEM JOURNAL sition of probation fees on probationers is almost nonexistent. In a 1988 survey of judges, Cole (1988) found that probation fees were most likely to be used in combination with other financial conditions of probation, such as fines. However, this was based on the judges’ indication of the extent to which they used these fees as conditions of sentences and not the actual use of fees across individual offenders.

The literature on the imposition of criminal fines can provide some insight regarding factors associated with the imposition of financial conditions. For example, a number of studies have found that offenses such as driving under the influence are often dealt with by fines (Hillsman, Sichel, and Mahoney, 1984:41), and misdemeanor offenses more often are disposed of through the imposition of fines than are felonies (Hillsman, 1990:56). Finally, the degree to which there are different factors associated with the imposition of probation fees (a dichotomous variable measuring whether or not any fee was imposed) versus the amount of the fee imposed versus the collection rate has also not been adequately addressed in prior research. From the perspective of policy and practice, this type of comparison would be beneficial for understanding if the factors positively associated with the imposition of fees were positively or negatively associated with the actual collection of probation fees.

Pages:   || 2 | 3 | 4 |

Similar works:

«ManageEngine AssetExplorer –Help Documentation Table of Contents INTRODUCTION System Requirements Installing AssetExplorer Uninstalling AssetExplorer Registering AssetExplorer Contacting ZOHO Corporation HOME Dashboard Personalize Feedback SCANNING WORKSTATIONS AND OTHER NETWORK DEVICES.26 Scanning Windows Machine Modes of Scan:Agent and Agentless Agent Mode Methods of Agent Deployment Un-installing the Agent Agentless Mode Scanning Linux, Solaris, MAC and AIX machines Scanning Printers,...»

«Michael Steinbach Buchund Kunstantiquariat Books to be exhibited at the London International Antiquarian Book Fair National Hall, Olympia, June 13 – 15, 2013 Please visit me at booth 202 With drawings by Daniel Chodowiecki 1 Album with ca. 70 water-colours, penciland pen-drawings, photographs etc. from the late 18th to the early 20th century. n.pl, 11,5 : 17 cm. Half cloth around 1900 using a leather-binding from a album amicorum from the late 18th century. 1400,Contains: 2 oval...»

«In the Blackness of Space, by Robert Kuntz Houston, Texas, January 4, 2052 (Launch minus 15 days), 08:07 CST. Billy Jepler’s lips pursed in a mischievous grin. “If they begged you to join the Galileo crew,” he repeated, “what would you ask for?” Blackness charged the edges of my vision, blurring the walls of the diner. I felt the sweat coming. I hated blacking out in public. Taking slow, deep breaths, I forced myself to look across the table at him. “Never.” Somehow, the word...»

«Maria E. Brunner Pädagogische Hochschule Schwäbisch Gmünd Identitäten im Prozess. Mimikry und Maskerade in Heinrich von Kleists Die Verlobung in St. Domingo ABSTRACT Identities in progress. Mimicry and mascerade in Die Verlobung in St. Domingo by Heinrich von Kleist The term “mestizo” for Toni in Kleist’s novella is a reference to the fundamental uncertainty of the categorization of ethnic affiliation, as this term refers to the hybrid identities inscribed, and the concept of...»

«Vortrag von Frieder Birzele, MdL Erster stellv. Landtagspräsident Vorsitzender der Deutsch-Polnischen Gesellschaft Landesverband Baden-Württemberg beim Festakt der Stadt Esslingen zum 10-jährigen Jubiläum der Städtepartnerschaft der Stadt Esslingen mit Piotrkow Trybunalski am 21. Juni 2002, 18 Uhr im Alten Rathaus, Bürgersaal -2Anrede Ich freue mich sehr, Ihnen die Grüße des Landtags von BadenWürttemberg und der Deutsch-Polnischen Gesellschaft – Landesverband Baden-Württemberg –...»

«Gutachten zur Situation der Gorani (Goranci) im Kosovo unter besonderer Berücksichtigung der Situation ehemaliger Angehöriger der Jugoslawischen Armee. Budapest, 29. November 2004 Stephan Müller Gutachten zur Situation der Gorani (Goranci) im Kosovo unter besonderer Berücksichtigung der Situation ehemaliger Angehöriger der Jugoslawischen Armee. 1 1. Die ethnische Gemeinschaft der Gorani (Goranci) 1.1. Allgemeine Informationen Die Gorani bewohnen ursprünglich den südlichen Teil der...»

«Südasien-Chronik South Asia Chronicle 2/2012, S. 457-466 © Südasien-Seminar der Humboldt-Universität zu Berlin ISBN: 978-3-86004-286-1 Book Review Mirza Athar Baig, 2007. Ghulam Bagh. Lahore: Sanjh Publications, 2007, 878 S., ISBN 9698957013, Preis 600 Rs. Mirza Athar Baig, 2009. Sifr se ek tak. Sa‘ibar spais ke munshi ki sargusasht. Lahore: Sanjh Publications, 2009, 393 S., ISBN 9789698957537, Preis 400 Rs. Nachdem englischsprachige Romane indischer Autoren seit ein paar Jahrzehnten den...»

«Macht Macht erotisch? Authentisch leben – eine Herausforderung in der christlichen Mission. Am Beispiel sexueller Versuchlichkeit weiblicher, lediger, heterosexueller Führungskräfte in Deutschland The Erotic Attraction of Power? Authentic Living – A Challenge in Christian Missions. Exemplified in the sexual temptability of single heterosexual female leaders in Germany. By MARTINA KESSLER Furtwänglerstr. 10 51642 Gummersbach submitted in part fulfilment of the requirements for the degree...»

«London Schools Symphony Orchestra 2002-2014 Artistic Director Peter Ash Barbican Programmes and Reviews LSSO Barbican Programmes and Reviews 7 January 2014 Barber Second Essay for Orchestra Efrain Oscher ‘Mestizo’ Concerto for Trumpet and Orchestra (UK premiere) Tchaikovsky Symphony No 5 Conductor Carlos Izcaray Trumpet Pacho Flores.It was in the Tchaikovsky that the LSSO truly excelled, opportunities taken for grand gestures and poignant solos. The perfectly shaped and nuanced horn solo...»

«Jahreshauptversammlung port macht Spaß! S Geschäftsstelle: Turnhallenstraße 13 · 35435 Wettenberg Telefon: 06 41 / 8 65 40 · Fax: 0641 / 9 84 89 48 E-mail: geschaeftsstelle@tsv-krofdorf-gleiberg.de www.tsv-krofdorf-gleiberg.de Inhaltsverzeichnis 1. Basketball 2. Fußball 3. Handball 4. Judo 5. Leichathletik. 5.1 LG Wettenberg 5.2 Langstreckenlauf, Nordic Walking, Walking 6. Rugby 7. Triathlon 8. Turnen 8.1 TSV’ler auf Reisen und bei Veranstaltungen 8.2 Aquajogging – Aquafitness 8.3...»

<<  HOME   |    CONTACTS
2016 www.book.dislib.info - Free e-library - Books, dissertations, abstract

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.