National Center for State Courts

 

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Trial Court Perforrmance Standards & Measurement System

Measure 3.5.1: Payment of Fines, Costs, Restitution, and Other Orders by Probationers

This measure uses summary statistics about compliance with monetary penalties to complement the evaluation of court activities related to enforcement. Relevant data include the amount of money ordered, the amount of money paid, and when money is paid. Analysis will indicate the amount of money paid as a percentage of what was ordered.

Planning/Preparation. An illustrative set of data elements is provided on Form 3.5.1, Illustrative Data Elements for Measuring Enforcement of Probationary Orders. These data can be obtained by separate examination of the order and sentence document and the payment bookkeeping records. In many cases, a bookkeeping record may contain all required data.

A sample of cases will be drawn from the source best suited to capture cases with monetary penalties and cases older than the typical term of probation or cases that have been "closed" on the bookkeeping records due to termination of probation or payment in full. The sample should not be taken directly from bookkeeping records alone, unless there is evidence that a bookkeeping record is created for all cases in which an order includes monetary sanctions. It is possible, for example, that the bookkeeping agency only creates a record when a payment is made. Sampling from that source would not be representative of all cases.

Data Collection. Data are collected on coded forms. For an example, refer to Form 3.5.1, Illustrative Data Elements for Measuring Enforcement of Probationary Orders.

Data Analysis and Report Preparation. Data analysis will include reports showing averages for total penalty amounts imposed and percentages of amounts collected. The data collected will also allow analysis in subgroups related to total amounts ordered and how long it took for payment.

Review of the summarized data will yield information about compliance rates. In addition, the court will be able to look at the statistics and determine how the total amount imposed relates to percentage of payment, whether the total amount imposed has an important relationship to how long it takes to pay, and whether how long it takes to pay is related to the time allotted for payment. Comparisons among more than one jurisdiction in a State will be constructed where possible as well as comparisons with available compliance rate data found in the literature.

Go to Form 3.5.1

Go to Standard 3.5

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Copyright © 2001 National Center for State Courts
Last Modified: January 23, 2005