Newberg Graphic Online

State audit looks at restitution for victims

Crime — Victims are granted the right to restitution by the Oregon constitution, but other factors getting in the way

• By: Laurent Bonczijk  
• Published: 2/2/2010 1:36:00 PM

   A recent audit by the Secretary of State showed that a large portion of victims eligible for financial restitution had not received any.
   The Oregon constitution grants crime victims a right to prompt restitution in the case of several crimes such as theft, burglary or assault.
   Auditors from the Oregon Judicial Department reviewed 210 cases in which victims were legally entitled to restitution in four counties. In slightly more than 50 percent of the cases victims were not entitled to restitution because they either hadn’t suffered an economic loss or had been compensated otherwise. (For example items that may have been stolen from the victim were returned in the same condition they were prior to the crime).
   In 99 cases, however, auditors found that no restitution had been ordered even though the victims were eligible. In about 33 percent of the cases victims hadn’t provided the information necessary to receive restitution, while in the other two-thirds of the cases district attorneys had failed to take all step necessary for victims to receive restitution; the DAs forgot to send victims the proper paperwork or to call them to find out if they needed help with restitution.
   District attorneys defended themselves by saying they didn’t have the necessary resources to investigate economic losses to each and every victim. Auditors recommended that district attorneys set restitution rates and follow up on them.
  In addition to being a right guaranteed in the constitution, restitution was taken up by the 2003 Legislature, which directed district attorneys to investigate and present to court evidence of economic losses by victims of crimes.

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