Bill Text: MS HC53 | 2016 | Regular Session | Introduced
Bill Title: Victim restitution; encourage efforts to prioritize.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Failed) 2016-04-21 - Died In Committee [HC53 Detail]
Download: Mississippi-2016-HC53-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Rules
By: Representatives Brown, Boyd, Carpenter, Eubanks, Hopkins
House Concurrent Resolution 53
A CONCURRENT RESOLUTION SUPPORTING AND ENCOURAGING EFFORTS BY STATES TO PRIORITIZE RESTITUTION OVER ALL CRIMINAL JUSTICE FINES, FEES AND OBLIGATIONS.
WHEREAS, victims and survivors of crime have suffered tremendous harm and heartache, with families supporting and striving with them, and the criminal justice system must have the critical mechanism of restitution running smoothly to acknowledge and address this harm; and
WHEREAS, there is often a tragic failure to collect and order restitution, which creates further catastrophic harm causing victims and a large segment of the public to lose faith in the criminal justice system; and
WHEREAS, one way to begin to make these brave survivors whole again is already on the books; legislatures in every state and the federal government have a statute or constitutional amendment that requires courts to order restitution in cases where the monetary loss of such a devastating experience can be calculated; and
WHEREAS, despite the courts doing their part in the first step to promote this solution, their ordered restitution often goes uncollected and victims remain without the validation, vindication and financial resources they need to rebuild their physical and emotional lives after their first-hand experience with crime; and
WHEREAS, the financial debt criminals owe to survivors totals over $40,000,000,000.00, allowing restitution debt to surpass every other form of uncollected federal criminal debt, and making the societal debt criminals owe even more unconscionable; and
WHEREAS, research on the subject clearly points to the positive attributes of increasing restitution obligations and decreasing criminal fines and fees; and
WHEREAS, when former criminals are required to pay a high percentage of their restitution obligations, these men and women have a lower likelihood of committing a new crime, thereby integrating themselves more seamlessly back into society and becoming productive citizens; and
WHEREAS, when former convicts are required to pay criminal fines, fees and other state sanctioned financial obligations to the criminal justice system, the punishment will not lower the recidivism in any way, making it more likely that they will commit a crime again while out of prison; and
WHEREAS, the difficulty of collecting restitution debt is not without an answer, as all states have the utmost discretion to prioritize criminal debt payments and potentially rescue victims of crime from the constant reminders of horror they experienced; and
WHEREAS, it is the policy of this Legislature to consider and acknowledge solutions to societal problems, especially when evidenced by substantial scientific research:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That we do hereby recognize the answer to this massive societal dilemma and will develop legislation to properly address a victim's right to restitution by prioritizing restitution over all criminal justice fines, fees and obligations.
BE IT FURTHER RESOLVED, That copies of this resolution be furnished to the members of the Capitol Press Corps.
