IAP Restitution Project

By Kimberly Baxter 
Director of Special Projects, Iowa Accountability Program

The Iowa Accountability Program (IAP) Restitution Project is improving victim restitution repayment processes based on a recommendation from a University of Iowa School of Social Work research project.*

Through a grant from the Iowa Attorney General’s Office – Crime Victim Assistance Division (CVAD), IAP examined how the Courts could apply a procedurally fair problem-solving method to improve victim restitution repayment processes.  For this Project, IAP works with local “system providers” in Wapello County to determine whether ordering restitution repayment plans with a better understanding of a defendant’s ability to pay will result in improved victim restitution payment compliance.  IAP collaborates with the multidisciplinary Restitution Project Advisory Board to establish policy, protocols and best practice recommendations for working with defendants to increase victim restitution payment.  Further, the Advisory Board seeks to ensure requirements under Iowa law are implemented in a procedurally fair manner.  The Advisory Board is comprised of:

• 8^th Judicial District Chief Judge and District Court Administrator;
• 8^th Judicial District Department of Correctional Services Director and Assistant Director;
• An 8^th Judicial District Associate Court Judge with considerable experience in procedural fairness and problem-solving court practices;
• Wapello County Clerk of Court;
• Wapello County Attorney; and
• A member of the Defense bar.

Early Success

Since implementation, 73 clients have been enrolled in the IAP Restitution Project, of which:

• 69% are making regular monthly payments;
• 50% are currently making payments without reminders;
• 30% have made full restitution payment; and
• 22% were transferred to 3rd party collections (versus 90% of cases prior to the IAP Restitution Project).

Based on these (and other) encouraging outcomes from the pilot phase of the Project, the Courts and system providers were eager to continue this Project beyond its original September 30, 2017 end date to allow us to gather additional data to further discern its effectiveness as well as to explore whether this Project could be expanded to other judicial districts.  IAP has received additional grant funds to continue this Project through June 30, 2019. 

Vital Factor to the Success of the IAP Restitution Project

Immediate post-sentencing and on-going contact between the dedicated Restitution Program Assistant (RPA) and Clients in a consistent, fair, and professional manner resulted in more victim restitution being paid more quickly than in comparison cases on the same docket in fiscal year 2016.  This contact also resulted in Clients continuing to make regular monthly payments toward other court-ordered obligations even after satisfying the victim restitution payment requirement.

What is Surprising?

Not only are crime victims satisfied that they receive consistent monthly restitution payments, Clients also feel more informed about their obligation, less burdened by collections and payment processes, and relieved to have a real, live person they can contact with questions or concerns regarding their restitution payment obligation.

In addition, the IAP Restitution Project benefits the community in numerous ways.  Specifically:

1. When cases are managed at the local level, 100% of all victim restitution paid goes directly to the crime victim.  This is unlike cases referred to 3^rd party collections, in which only 75% of monies collected goes to the victim, as the collections agency retains 25% of every payment. 
2. The IAP Restitution Project keeps Clients engaged via a dedicated point of contact (the RPA), which provides a greater ability to address emergent matters as they arise (e.g., job loss, medical emergency, etc.).  Cases referred to 3^rd party collections do not permit this flexibility.

Unanticipated Successes

We’ve experienced several unanticipated successes.  For example, 67% of Clients who paid full restitution have continued making monthly payments toward other remaining court-ordered obligations – 13% have already completely paid their remaining court debts.  Three other Clients who were initially referred to the program but ultimately did not have pecuniary damages filed are making monthly payments toward other court-ordered obligations based on payments plans established via the program.

Lastly, it appears that defendants not involved with the IAP Restitution Project have heard about how beneficial it is.  Several people not currently enrolled in the Project have contacted the RPA to find out if they qualify to participate. 

Maintaining a Restorative Vision

The ideal model for restitution serves to commemorate the gesture of reparation and acknowledgement of wrongdoing -- thus upholding the Iowa Judicial Branch’s mission to “administer justice under the law equally to all persons".  Under the IAP Restitution Project, victims get justice via receiving consistent and timely restitution.  Defendants are involved in a restitution program that “meets them where they are” and holds them accountable to reasonable restitution payments.  As we look to the future, IAP’s goal is to ensure all victims receive restitution.  To accomplish, IAP plans to expand the Restitution Project across the state.

* Carolyn Copps Hartley, PhD, Associate Professor, University of Iowa School of Social Work; Kellee Thornburg McCrory, MPH, MSW, Project Manager Iowa Center for Evaluation Research, University of Iowa School of Social Work, National Resource Center for Family Centered Practice. January 2015.