CORRECTIONS BASED VICTIM SERVICES

By Mark Lazarus
Copyright April 1998
All rights reserved, reproduction prohibited without permission of author

Although most people don't realize that once an offender is sentenced, services to victims don't stop. There are victim advocates in most state correctional systems. Most provide notification of release, status information, assistance with collecting restitution and referral to local community based services. There are subtle differences in the services required by statute (law) and the method of the delivery of those services.

NOTIFICATION OF OFFENDER RELEASE

Most states require some type of notification to victims of crime prior to, or upon the release of the offender. In Florida the Department of Corrections (DOC) must notify ALL victims (from theft to murder and everything in between), prior to the inmates release. Some other state DOC's are required to notify only victims of specified violent crimes as defined by statute, and other victims by request of the victim only. Still some other states DOC's are required to only notify victims of any crime by request of the victim. Most DOC's will also notify those that are not "victims" of the inmate such as ex-spouse, witnesses and those in fear of the inmate. There is some debate as to which is the most appropriate. (Now is when I get on my soap box) I believe that victims of crime who need and want services should receive them, but states that require notification of all victims are forced to provide reduced services to those victims who need them most.

There are several ways to deliver notification to victims. Some send out letters, some make personal telephone contact and the new 'modern' way to notify victims is by an automated telephone system. There are currently several companies that an agency can contract with to either provide the service of notification, or a computer program to make the automated contact. Along with the automated notification program additional services to victims can be provided such as; automated information on an inmates status, location, upcoming parole hearings etc., and the availability of status information through a toll-free telephone number 24 hours a day, 7 days a week. More and more correctional agencies are choosing the automated information systems to provide additional services without having to hire additional staff.

Some correctional agencies are also required to notify specified criminal justice officials, such as: the Sentencing Judge, Arresting Law-Enforcement Agency, Prosecutor, Sheriff and/or Police Department that has jurisdiction in the location where the offender plans to reside, and other notifications to various agencies upon the release of offenders charged with specific crimes (such as sexual predators, car-jackers, offenders who use a firearm etc.).

INFORMATION AND REFERRAL SERVICES TO VICTIMS

Victims may contact the DOC to ascertain almost unlimited information on the offenders status while incarcerated. This information includes, but is not limited to: custody status, tentative release date, location intended and residence upon release. There is some information that may be confidential by state or federal statute such as: medical, psychiatric and drug treatment information, although this will vary by state.

Some DOC's are active in state wide victim service organizations, and do presentations to victim service groups, as an agency with state wide responsibilities they can be a good central contact. So if they aren't involved in your area, get them on board! Most DOC's have brochures available to explain "post conviction services", an to explain what the inmates sentence really means in actual time served, try to get these distributed to victim service providers, they are a great resource.

DOC's are beginning to create web pages with the ability to search for information on inmates. This makes it easy for those who have access to the Internet and easy way to gain information (and information is power).

PROTECTION FROM INTIMIDATION AND UNWANTED CONTACT

There are times when inmates will contact victims. Most DOC's prohibit this and will take action to stop inmates from contacting victims. The Victim Services Section of the DOC is a good place for victims to start if this happens. At other times inmates will strike-up a "relationship" with people on the outside, either through a religious organization or classified ad. Sometimes these "relationships" get rather intense from the inmates perspective and the citizen corresponding with the inmate desires to break off contact. Again the Victim Services Section of the DOC is a good place for victims to start if this happens. The DOC can sometimes also offer an additional notification prior to the inmates release, or provide a copy of the inmates photo.

MEDIATION/RESTORATIVE JUSTICE

Some DOC's offer mediation/restorative justice programs (although this is not currently an option in Florida). If a victim or survivor is interested in this they should contact the victim services section at their state DOC. In Florida we offer victims the opportunity to write a letter to the offender so that they can ask the questions the want answered, and mail it to the victim assistance section. We will then forward the letter to the classification officer at the institution where the inmate is housed, to present to the inmate and request a response to be sent back to the Victim Assistance Section to be forwarded to the victim. This affords the victim to ask their questions and not revel their location to the inmate, in case the inmate wanted to try to intimidate the victim.

ASSISTANCE WITH COLLECTION OF RESTITUTION

There are inmates who work inside the institution at a paid prison industry. In Florida, about 3,000 inmates work in the PRIDE industry making everything from desks and chairs to printing department forms. Although inmates only earn less than a dollar an hour, PRIDE uses a portion of their corporate profits to pay inmate workers restitution and court costs.

Inmates also work in the community prior to release. In Florida inmates must use at least ten per-cent of their wages to pay restitution and court costs, in addition to paying child support and assisting to keep their families off public assistance.

ASSISTANCE WHILE OFFENDER IS ON SUPERVISION (PROBATION OR PAROLE)

If the DOC is also the probation and/or the Paroling authority, victims can keep track of the offenders supervision status through the DOC, otherwise the will need to contact the agency that controls the inmates supervision. When an offender is on supervision it is the best chance a victim has of receiving court ordered restitution. Most courts make payment of restitution a condition of supervision, although most will not return an offender to prison if the offender does not pay.

Victims must maintain contact with the paroling authority, agency that is supervising the offender on probation and the Prosecutor, in order to be notified of any hearings scheduled that may effect the offenders supervision status.

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