article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Restitution and Responsibility Act''. SEC. 2. GRANT PROGRAM. (a) In General.--The Attorney General is authorized to provide grants to States to enable the States to-- (1) collect data on victim restitution over a specified period of time as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders. (b) Eligibility.--To be eligible to receive a grant under this Act, a State shall-- (1) submit an application to the Attorney General, in such form as the Attorney General shall require, that meets the requirements of subsection (c); and (2) certify that the State has a victim advocacy program that-- (A) provides assistance to victims of crime throughout the judicial process; and (B) provides courts with a victim impact statement prior to sentencing. (c) Application.--An application meets the requirements of this subsection if it includes-- (1) a description of the State's victim advocacy program; (2) a description of the method by which the State compiles or will compile data on restitution, including information on-- (A) restitution amounts ordered and collected; (B) collection rates for incarcerated offenders and offenders who are on probation; (C) collection rates for offenders committing felonies and for those committing misdemeanors; and (D) rates of partial and full payment rates of collection; (3) documentation of a State's current problems in ordering, collecting, and enforcing restitution; (4) a description of State laws and practices related to restitution; (5) a description of administrative and legislative options to improve ordering, collecting, and enforcing restitution; (6) a description of the State's proposal to create or expand an automated data processing system to track restitution payments; (7) a description of the State's plan to improve the ordering of restitution, including-- (A) provisions to ensure that courts order restitution whenever a victim suffers economic loss as a result of unlawful conduct by a defendant; (B) provisions to ensure that restitution is ordered in the full amount of the victim's loss, as determined by the court; (C) the prioritization of restitution in the ordering and disbursing of fees; and (D) such other provisions consistent with the purposes of this Act; (8) a description of how the State will improve collection of restitution payments, including-- (A) the establishment of a central accounting, billing, and collection system that tracks the offender's obligations and status in meeting those obligations; (B) a process by which information about an offender's restitution payments is made available to probation officials; (C) adopting methods to ensure payments such as automatic docketing, billing, wage withholding, privatization of collection, withholding State grant privileges, or seizure of state income tax refunds; and (D) other provisions consistent with the purposes of this Act; (9) a description of how the State will enforce restitution payments, including-- (A) assigning an agency responsible for the enforcement of a restitution order; (B) adopting policies to increase the intensity of sanctions if an offender defaults on payments, including-- (i) revoking a term of probation or parole; (ii) modifying the terms or conditions of probation or parole; (iii) holding a defendant in contempt of court; (iv) entering a restraining order or injunction; or (v) ordering the sale of property of the defendant; (C) adopting procedures to ensure restitution orders are entered as civil judgments upon entry to allow a victim to execute judgment if restitution payments are delinquent; (D) such other provisions consistent with the purposes of this Act; and (10) the establishment of a community restitution fund administered by a State agency into which restitution payments are made by an offender (in addition to victim restitution payments) and can be used to pay indigent offenders for performing public service work. (d) Waiver.--The Attorney General may waive the requirements under subsection (c) for a State that demonstrates sufficient cause for lack of compliance. (e) Grant Period.--A grant under this Act shall be awarded for a period of not more than 5 years. SEC. 3. REPORT. Each State receiving a grant under this Act shall submit an annual report to the Attorney General that includes an evaluation of the progress of the projects funded through the grant, an accounting of expenditures, and such other provisions as may be required by the Attorney General. The Attorney General shall issue an annual report to Congress that includes the information submitted by States under this section. SEC. 4. EVALUATION. (a) Final Evaluation.--Within a month after the award of the first grant made under this Act, the Attorney General shall contract with an independent organization to do a final evaluation of the projects funded by this Act at the end of 5 years. (b) Interim Evaluation.--The Attorney General shall conduct an interim evaluation of the projects funded by this Act 3 years after the first grant made under this Act. (c) Content of Reports.--The reports required by subsections (a) and (b) shall include the following information: (1) An evaluation of data collection efforts. (2) An assessment of whether ordering of restitution increased and whether prioritizing restitution in fees collected improved restitution payments. (3) An analysis of whether the project was successful in improving significantly restitution collection rates. (4) An evaluation of most effective methods in improving restitution collection and in enforcing restitution payments. (5) An analysis of how effective automated data systems were in increasing restitution collection. (6) An analysis of States' use of the community restitution fund and its effectiveness in ensuring indigent offenders pay restitution. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 in each of fiscal years 1997, 1998, 1999, 2000, and 2001 to carry out this Act.
summary: Restitution and Responsibility Act - Authorizes the Attorney General to provide grants to enable the States to: (1) collect data on victim restitution over a specified period as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders. Requires a State, to be eligible, to certify that it has a victim advocacy program that provides assistance to crime victims throughout the judicial process and provides courts with a victim impact statement prior to sentencing. Sets forth provisions regarding: (1) application requirements (including descriptions of the State's victim advocacy program, the method by which the State compiles data on restitution, the State's plan to improve the ordering of restitution and collection of restitution payments, how the State will enforce such payments, and the establishment of a community restitution fund); (2) waivers; (3) grant period; (4) reporting requirements; and (5) grant evaluation. Authorizes appropriations.