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Making Restitution

01:00 AM EDT on Monday, April 28, 2008

By Mary Murphy

Anthony Ward-Smith is a case manager for Justice Assistance, an agency under contract with the Rhode Island courts that serves as a liaison between the courts, the victims of crimes and those who commit them.

He is appearing in District Court, in Providence, before Chief Judge Albert DeRobbio, as he does every Wednesday, to tell the judge how his clients are faring as they make amends for the misdemeanors they have committed: crimes including first-time drug possession, assault and battery, disorderly conduct and passing bad checks.

Corina Dysep is in court because she has paid only $25 of the $181 she owes in restitution for passing bad checks in 2002. Ward-Smith, her case manager, is becoming frustrated with her. She says that she sent a cashier’s check last week to Justice Assistance but they have not received one. It has been six years and many reviews but still she has paid only the $25.

Offenders who are not keeping up with restitution payments or not attending counseling are ordered to court to explain themselves. If they pay what they owe in a timely manner or complete counseling, their case will be dismissed. If a person is out of work, he or she can make restitution by performing community service for a nonprofit agency. Bench warrants are issued for offenders who do not show up in court and many do not.

This year, Justice Assistance celebrates it founding 30 years ago as a job training program for adult offenders. “I started out thinking if people were working, they wouldn’t commit crimes,” said Jonathan Houston, a founder and current executive director of the program. But it evolved into a way to pay for a crime if an offender eventually found work.

Justice Assistance contacts victims after a first-time offender’s case has been filed by the court for a year. The case managers find out what the victim may be owed for the crime –– what was stolen or what doctor bills might have been incurred. Since restitution is ordered by the court, victims are kept informed about the status of their case. “Justice is complicated,” says Houston, so Justice Assistance is there to tie all the issues together. Each manager has a caseload of about 400 people. The agency is financed through private sources, service fees, special events, state and local contracts with state courts and federal money from the Justice Department.

As for Corina Dysep, Judge DeRobbio gives her another chance and continues the case to April 30 when she must return with proof that she has made additional payment toward restitution.