BULKY
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`DOCUMENT
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`(FILED ON PAPER — ENTIRE DOCUMENT EXCEEDS 100 PAGES)
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`Proceedin; No.
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`92056538
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`Filin Date
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`01/30/2014
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`"U S33"§«-1» U9 0 H‘)
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`92056538
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`SCOTT R. SMITH, an individual,
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`Petitioner,
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`vs.
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`COOK COLLECTION ATTORNEYS,
`P.L.C., a California corporation,
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`Respondent.
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`\2\2\)%/%%%§/\/\/\/
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`Cancellation No. 92056538
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`Registration No. 3257604
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`This exhibit is offered by Cook Collection Attorneys, P.L.C., Respondent in the above-
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`entitled matter and bears on the lower left hand corner the following number based upon the Index
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`of Authorities:
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`33.
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`RESTITUTION ENFORCEMENT MARICOPA COUNTY, A Practical Approach to
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`Assure Restitution to Victims, The Honorable Roland J. Steinle III, Superior Court Judge,
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`page 2.
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`While victims expect, very reasonably, that an order of restitution will be honored
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`and collected upon, many justice system officials, adhering to the old saying, “you
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`can’t squeeze blood from a turnip,” believe their program resources are better spent
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`on other endeavors.
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`33
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`7/Z
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`RES TITU TION ENFORCEMENT
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`MARICOPA COUNTY
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`A Practical Approach to Assure Restitution to Victims
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`0’-
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`The Honorable Roland J. Steinie Ill
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`Superior Court Judge, Maricopa County
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`Phoenix, Arizona
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`Kim Knox
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`Maricopa Couniy Department of Finance, Collections
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`Phoenix, Arizona
`
`Dan Levey
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`Executive Director
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`National Organization of Parents Of Murdered Children, Inc.
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`Phoenix, Arizona
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`

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`I. THE IMPORTANCE OF RESTITUTION FOR VICTIMS OF CRIME
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`As a victim of crime one learns that justice is not always as swift, severe, or
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`certain as we learned in our civics class.
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`Criminal and juvenile justice
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`professionals, crime victims and victim service providers, and offenders and their
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`advocates all share frustration about how restitution is ordered, collected,
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`distributed, and monitored. While victims expect, _ver:y reasonably, that anorder
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`of restitution will be honored and collected upon, many justice system officials,
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`adhering to the old saying, "you can't squeeze blood from a turnip," believe their
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`program resources are better spent on other endeavors.
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`Most crime victims are very concerned about how they can recover from their
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`economic loss suffered as a result of a crime. Victims’ rights groups have long
`advocated that, at the very least, victims must be treated fairly.
`In 1998, the
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`Department of Justice, Office for Victims of Crime (OVC) recommended (a) that
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`victims be notified about the time and location of charging, pretrial hearings, plea
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`negotiations,
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`trial, and sentencing, (b) that they have the right to meaningful
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`consultation regarding all important case decisions, (c) that they have the right to
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`be heard in major court proceedings, (d) that they receive information about their
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`rights in a form that they can understand, and (e) that orders of restitution should
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`be mandatory.‘ The way crime victims are treated within the criminal justice
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`system is of paramount importance and ensuring that the “system” does not
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`forget about
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`restitution after sentencing is of
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`incredible value to victims.
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`Restitution Court is one way that lets victims in Arizona know the right to “prompt
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`’ (Office for Victims of Crime, Department of Justice (1998). New directions from the field: Victims’ rights and
`services for the 21st century. Washington, DC: U.S. Department of Justice.)
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`Ix.)
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`

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`restitution” is more than just words written on paper and that the court plays a
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`role not only in ordering restitution but in facilitating its collection.
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`Often criminal
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`restitution is only thought of
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`for victims of financial
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`fraud,
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`investment scams, or embezzlement; however,
`restitution is ordered in almost
`all types of crime,
`including homicide, sexual assault, domestic violence and
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`other violent crimes. Restitution is a fundamental need of crime victims.
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`lts
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`importance for victims with respect to financial as well as psychological recovery
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`from the aftermath of crime is paramount. However, restitution holds offenders
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`accountable, and, when paid, helps offset the economic loss experienced by the
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`victim who is left with medical bills, funeral costs.and otherexpenses. In some
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`cases a murder takes away the primary breadwinner, leaving no way to even pay
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`rent.
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`Victims of financial crime often experience anger due to the betrayal of someone
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`that they put their trust and judgment in, along with their lost investment. Victims
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`can feel frustrated, depressed, guilty, embarrassed, and even develop health
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`problems. Violent crime victims have real losses in terms of funeral expenses,
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`travel to/from court, time off work, medical expenses, counseling, lost wages, etc.
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`For some violent crime victims restitution may also be seen as “symbolic” as the
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`loss of someone’s life, dignity, safety, or physical injuries that can never be
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`replaced. With restitution, the message is sent to the victim that the victim's loss
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`is officially recognized by the court and that responsibility for that loss is squarely
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`placed where it belongs: on the offender.
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`It is also important for victims to have
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`the
`the “gatekeeper” of justice, acknowledge and confirm that
`the Judge,
`economic loss faced by the victim did occur and that a judgment is ordered.
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`However, it should not be minimized that restitution when paid does help offset
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`the economic loss of paying for things like medical expenses, funeral cost,
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`property damage, counseling and so forth.
`
`2 See Ariz. Const. art. 2, § 2.1(A)(8).
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`Li»)
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`

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`Congress,
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`in passing the federal Mandatory Victims Restitution Act of 19963,
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`intended to "ensure that the loss to crime victims is recognized, and that they
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`receive the restitution that they are due” as well as “to ensure that the offender
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`realizes the damage caused by the offense and pays the debt owed to the victim
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`as well as to society.” Unfortunately, we need to do more and do it better and
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`that is what restitution court does.
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`All criminal justice system partners must be accountable to one another and,
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`most
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`imperatively,
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`to the crime victim. Issues that arise with offender non-
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`payment or late payment should be shared with the victim, within the confines of
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`confidentiality. Communication needs to flowfreely from and to the prosecutor,
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`.,
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`court and probation department. Restitution is an area where it
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`is most
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`inappropriate to "pass the buck." The concept of crime as an offence against the
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`state, and it’s attendant administration of justice, have resulted in a host of
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`economic and psychological problems for crime victims, and most importantly in
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`perceptions of injustice. The victim is the only person in the entire criminal justice
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`system process that did not choose to be there, and the victim is the one with the
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`most at stake. Victims should never be surprised by a system that is designed to
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`provide them justice.
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`Additionally, restitution is important to crime victims because it assists victims in
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`recovering economic losses that result from criminally injurious conduct.
`it is a
`vital part of the c_rL;n_inal_justice system because it offers victims a sense of justice
`and holds offenders accountable for
`their crimes.
`Payment of restitution
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`promotes the active participation of both offenders and victims in the justice '
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`process.
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`It shifts the focus of justice system‘ interventions and makes them
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`victim-centered
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`rather
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`than
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`offender—centered. Restitution
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`is
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`important
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`mechanisms for helping offenders understand the full impact of their criminal,
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`behavior on their victims.
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`Through restitution programs;-aoffenders have
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`3 Pub. L. 104-132, title n, subtitle A (§2o1 et seq.), 110 Stat. 1227 (1996).
`‘ s. Rpt. No.104-179, at 24 (1995).
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`

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`opportunities to learn new social and vocational skills and therefore are better
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`prepared to lead a pro-social
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`lifestyle when they complete their period of
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`supervision by the justice system.
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`In the context of Restorative Justice, the work
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`of offenders and justice personnel focuses on ameliorating the harm done to
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`victims as a result of
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`the offender’s criminal behavior.
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`The offender is
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`accountable for restoring the victim and community as much as possible to their
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`pre-offense condition. Restitution is a primary tool used for accomplishing this
`goal. Payment of restitution’-promotes. the active participation of both offenders
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`and victims in the justice process.
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`Effective monitoring, enforcement and
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`collection procedures are necessary, however,
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`to accomplish all of these
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`- objectives,
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`Restitution no doubt is an important part of ensuring the perpetrator is held
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`accountable and responsible and we must do a better job of collecting and
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`enforcing restitution. As Steve Twist, a prominent victim’s rights attorney said in
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`his testimony in 2003 before the United States Senate in support of a crime
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`victims’ rights amendment, “Perhaps some would prefer it
`if crime victims just
`remained invisible. Perhaps we are so numbed by decades of crime and violence
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`we simply choose to look away, to pass by on the other side of the road. But in
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`America, when confronted with great injustice, great hope abides.” Victims of
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`crime hope that more programs like restitution court will be implemented
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`throughout our great country so that victims are never invisible.
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`ll. PROBATION FINANCIAL COMPLIANCE UNIT
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`Maricopa County Adult Probation Department has a Financial Compliance Unit
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`(FINCOM), which is composed of a sworn probation officer supervisor and a
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`team of collectors. The team is composed of professionally trained personnel
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`‘who attempt to collect delinquent court ordered obligations including restitution.’ "
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`1‘
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`Pursuant to a Supreme Court Administrative Order any probationer who is
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`delinquent on his/her obligations more than sixty (60) days is referred to the
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`(J1
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`financial compliance unit. The sentencing judge is notified by a memorandum
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`which outlines the delinquency and causes as well as recommended remedial
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`actions.
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`The Financiai Compliance Unit uses the same techniques to remedy the
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`delinquencies as are used by commercial bill collection agencies.
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`If
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`the
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`delinquencies are not resolved within the next sixty (60) to ninety (90) days the
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`matter is referred to the Superior Court for enforcement.
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`III. RESTITUTION COURT
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`ARS 13-810 provides:
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`B. In addition to any other remedy provided by law, including a writ of execution or other
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`civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment
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`of the restitution or of any installment as ordered, the clerk of the court that imposed the
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`restitution shall notify the prosecutor and the sentencing court on a monthly basis. IE
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`court, _o_n motion _c_>[ E prosecuting attorney Q Qetition gf any person entitled _tg
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`restitution gursuant _t9_ Q court order 9_r Q it_s own motion shall require t_hg
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`defendant Q show cause why th_e defendant's default should at 93; treated as
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`contempt and may issue a summons or a warrant of arrest for the defendant's
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`appearance.
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`The cases are prescreened by the Adult Probation/Financial Compliance Unit.
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`The FINCOM supervisor then reviews all referred cases using the following
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`criteria in orderto determine which cases are appropriate.
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`The first factor to be considered is the payment history of the probationer.
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`In
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`reviewing the appropriateness of a referral, the probationer should be at least six
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`months delinquent in his payments. When reviewing the payment history it
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`is
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`Mirnportant to determine if the probationer has establjsh_ed a pattern of willful non
`compliance. This is the standard that is required under Arizona law for a finding
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`of contempt.
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`In addition to the payment history, attention is paid to the
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`

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`defendant's attitude, cooperation and the nature of the offense for which they are
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`on probation.
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`These factors can be determined’ by asking such questions as:
`
`0
`
`0
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`Is the probationer willing to make life style changes?
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`Is
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`the probationer cooperating in providing the needed financial
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`documentation?
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`0 Does the probationer understand and realize the need for compliance
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`with the Court’s financial orders?
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`Another factor which is given high priority is who is the victim? Private victims,
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`especially those that have “opted in” are given top priority.
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`In Arizona, when
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`victims have “opted in” they are legally required to receive notice of specific
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`events and actions that have occurred or could occur in the case. They have the
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`guaranteed right to be heard by the Court prior to the Court issuing rulings.
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`Once a case is found to be appropriate for Restitution Court, it is placed on the
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`pending list for assignment to one of the two Court divisions that conduct the
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`hearings.
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`in order to prioritize the cases on the pending list a scoring sheet has
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`been developed. For this sheet the following factors are scored and given a
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`numerical-value:
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`0 Type and number of victims
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`- Number of months delinquent
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`- Amount of restitution owed
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`- Amount delinquent
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`- Cooperation with FINCOM
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`o Class of felony
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`

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`After screening by FINCOM,
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`the Court receives a list of delinquent criminal
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`defendants. The Court has the assigned courtroom Clerk of the Court prepare
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`an Order to Show Cause minute entry. These are transmitted to the assigned
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`Probation Officers through FINCOM. The assigned PO gives the Order to Show
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`Cause to the defendant and directs, in writing, the defendant to appear in court.
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`The Probation Department prepares a case summary showing the amount of
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`delinquency, the payment history and related issues. Again, this hearing is a
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`Civil Contempt Hearing and not a Probation Revocation Hearing.
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`In light of the
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`screening process, how the probationer is doing generally on probation is not the
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`issue.
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`ARS 13-810 provides:
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`C. At any hearing on the order to show cause the court, the prosecuting attorney or a
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`person entitled to restitution may examine the defendant under oath concerning the
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`defendant's financial condition, employment and assets or on any other matter relating to
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`the defendant's ability to pay restitution.
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`D. If the court finds that the defendant has willfully failed to pay a fine, a fee, restitution
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`or incarceration costs or finds that the defendant has intentionally refused to make a
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`good faith effort to obtain the monies required for the payment, the court shall find
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`- that the default constitutes contempt
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`1. Order the defendant incarcerated in the county jail until the fine, fee, restitution or
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`incarceration costs, or a specified part of the fine, fee, restitution or incarceration costs, is
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`paid.
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`The hearing consists of
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`two issues: A.) Are the records of
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`the Clerk of
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`Court/Adult Probation Department correct? If there are any issues of payments
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`made and not credited properly, the matter is continued to next date and client is
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`directed to meet with the Financial Compliance team to resolve the issues.
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`Errors in the records to date have not been an issue. Most issues are resolved
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`I90
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`

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`quickly and generally reflect payments made at the Clerk of the Court’s office on
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`the way up to court.
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`Illustration case: Defendant had receipts claiming payments totaling
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`approximately $9,000.00. When reviewed and the defendant‘ was
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`confronted she admitted the receipts were forgeries.
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`B.)
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`Is their willingness to pay and/or ability to pay or whether the defendant has
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`made a good faith effort to obtain the money? Here, the court conducts an
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`examination. Defendants are required to bring in records including W-2,
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`tax
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`returns, and/or wage information. The questions center around employment and
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`which bills and/or personal obligation the defendant pays.
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`The general format is:
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`1.
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`Do you rent or own residence — is payments current?
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`2 3
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`. Do you own an automobile — own? Lien? ls payment current?
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`. Do you have cable or satellite? NFL, MLB or Hockey Package?
`4. What are your utflities — Are they current?
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`5 . How many cell phones? (Virtually everyone has at least one.)
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`If the defendant is paying the above bills, the abilityto pay is apparent and
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`established. It is then the burden of the defendant to prove inability to pay. The
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`question then is: Why has defendant not paid restitution? Usual response,
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`Restitution is not a priority.
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`If the issue is unemployment or underemployment,
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`the Court orders the Probation Department provide the documentation of job
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`search efforts.
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`If the court finds defendant willfully refused to pay or failed to make a good faith
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`effort to obtain money to pay restitution as ordered, the court ordersdefendant
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`incarcerated pursuant to ARS 13~810 D (1) and sets a purge amount at the
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`

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`amount of the delinquencies. Remember,
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`the key to civil contempt
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`is the
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`defendant has keys to jail cell — he or she just needs to pay the purge.
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`Illustration case continued:
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`The defendant's delinquency was
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`approximately $10,900.00. The purge amount was set, and the defendant
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`was taken into custody. The purge was paid within 24 hours.
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`After any tour in Family Court, experience with delinquent child support payments
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`tells a judge to attempt to collect all of the delinquencies and set a review hearing
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`in about 7 days. Too often you set a purge and the defendant has sufficient cash
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`.-,in hispocket to, pay._ If agdefendant actually bringscash to pay any purge, the
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`courtroom deputy sheriff is more than willing to walk the defendant to the first
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`floor and have him make ‘a payment and bring a receipt back.
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`If the court has a question about the ability to pay,
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`the court continues the
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`hearing and directs the Adult Probation Department to do a financial assessment
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`looking at a standard of living and ability to reduce it and/or any job search
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`issues.
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`lllustfativonf ‘case: The defendant moved into a smaller apartment, sold
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`her car and took the bus to work and cancelled cable TV and was actively
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`looking for a second job. The victim was so impressed that defendant
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`reduced her lifestyle the victim agreed to reduce the monthly payment
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`from $1,000.00 per month to $500.00 per month.
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`iviany probationers express a desire to enter into an agreement to bring their
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`accounts up to date especially after watching a contempt hearing for another
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`defendant.
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`If the court finds that the defendant
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`is willing to enter into an
`
`.»-agreement
`
`to pay current orders and additionai amounts
`
`towards
`
`the
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`delinquencies, the court will accept the agreement on the record, enter it into the
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`clerk's minutes and continue the matter. The court will continue matter for a
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`

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`review hearing in one to four months to assure compliance with the agreement.
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`If
`
`there is compliance with the agreement
`
`the defendant graduates from
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`Restitution Court and is returned to his probation officer. The Court generally
`
`congratulates the defendant but gently reminds them if they get behind by 3
`
`months they wilt be right back in court. The vast majority of matters are resolved
`
`through a voluntary agreement to bring their accounts into compliance.
`
`In the
`
`late winter and spring, voluntary tax intercepts are good tools to resolve
`
`delinquencies and generally tax intercepts are part of the voluntary agreements.
`
`When working through the calendar, the court generally first calls those matters
`
`where the defendants have paid all of their delinquenciespand those matters
`
`where the defendant is in full compliance with a voluntary agreement. After
`
`congratulating them on compliance, they are discharged from court monitoring.
`
`This shows the entire group the reward [o_r comgliance.
`
`Next, the court conducts the hearings where it is pretty clear the defendant has
`
`willfully refused to pay or failed to make a good faith effort to obtain the money to
`
`pay. If the defendant is in contempt, he is taken into custody immediately and a
`
`purge set. This demonstrates the conseguences _fo_r willful failures _t_q 531.
`
`Once the perimeters are set, most of the following cases result in voluntary
`
`agreements where the defendant
`
`immediately suggest a solution,
`
`i.e.,
`
`"Will
`
`$1,000.00 keep me out of jail for 1 month?” or ‘‘I can pay $500.00 today." and ''I
`
`would like one of these agreements." The Court has found it interesting that the
`
`major consequence to the defendant
`
`is
`
`inconvenience.
`
`The defendants
`
`complain: “I have to go to court once a month which means i have to explain to
`
`my boss at my job once a month why I am gone again!”
`
`Most defendants found in contempt were release-C‘ within 72 hours. To date only
`
`a few people found in contempt remained in custody more than 72 hours. For
`
`those who remain in custody, the Court holds a review hearing some 7- 30 days
`
`ll
`
`

`
`later. Generally, at those hearings, the defendant is released with a promise to
`
`pay under a voluntary agreement. Additionally,
`
`those defendants who are
`
`remanded to custody or remain in custody are given work release privileges, and
`
`the Court
`
`is often amazed at how quickly employment
`
`is obtained, and the
`
`number of hour’s defendants work while on work release. Generally work
`
`release is 12 hours per day 6 days a week, if the defendant has work available 6
`
`days a week.
`
`The costs to date are minimal. The judges volunteers 2 hours of calendar time.
`
`The Adult Probation Department sends the supervisor from FINCOM and usually
`
`'
`
`- 2 staff members. Obviously, this would be done. one usual work day so it is no .
`
`cost to Adult Probation. Summaries provided to the court are just part of the
`
`usual records maintained by Financial Compliance.
`
`The Superior Court
`
`is using git; legislation to enforce court order
`
`obligations. The procedures used are streamlined since the court is using _c_iv_i1
`
`contempt and not Probation Revocation proceedings. There is no obligation to
`
`provide court appointed counsel to defendants, and since the proceedings are
`
`initiated upon court's own motion, a prosecutor is not required. As one can see,
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`15 - 18 hearings can be done in 1
`
`‘/2 hours. Rarely does the calendar last 2
`
`hours.
`
`The only obstacle faced by Maricopa County was institutional inertia — “not the
`
`way we do things.” Maricopa County Adult Probation Department had a good
`
`track record in collecting court ordered costs. ‘Fhere was an institutionat
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`‘reluctance to commence‘ probation revocation proceedings based solely on
`
`financial issues, such as:
`
`0 Such proceedings are time constrmingrr
`
`Lawyers are mandated and expensive.
`
`

`
`review hearing in one to four months to assure compliance with the agreement.
`
`If
`
`there is compliance with the agreement
`
`the defendant graduates from
`
`Restitution Court and is returned to his probation officer. The Court generally
`
`congratulates the defendantbut gently reminds them if they get behind by 3
`
`months they will be right back in court. The vast majority of matters are resolved
`
`through a voluntary agreement to bring their accounts into compliance.
`
`In the
`
`late winter and spring, voluntary tax intercepts are good tools to resolve
`
`delinquencies and generally tax intercepts are part of the voluntary agreements.
`
`When working through the calendar, the court generally first calls those matters
`where the defendants have _paid all of their delinquencies. and those matters
`
`where the defendant is in full compliance with a voluntary agreement. After
`
`congratulating them on compliance, they are discharged from court monitoring.
`
`This shows the entire group the reward f_o5 comgliance.
`
`Next, the court conducts the hearings where it is pretty clear the defendant has
`willfully refused to pay or failed to make a goodfaith effort to obtain the money to
`
`pay. If the defendant is in contempt, he is taken into custody immediately and a
`
`purge set. This demonstrates the conseguences [_o_r_ willful failures gg gay.
`
`Once the perimeters are set, most of the following cases result in voluntary
`agreementswwhere thV§':dref;en‘dant
`immediately suggest a solution,
`i.e., "Will
`
`$1,000.00 keep me out of jail for 1 month?" or “I can pay $500.00 today." and “I
`
`would like one of these agreements." The Court has found it interesting that the
`
`major consequence to the defendant
`
`is
`
`inconvenience.
`
`The defendants
`
`complain: “I have to go to court once a month which means I have to explain to
`
`my boss at my job once a month why I am gone again!”
`
`Most defendants found in contempt were released within 72 hours. To date only
`
`a few people found in contempt remained in custody more than 72 hours. For
`
`those who remain in custody, the Court holds a review hearing some 7- 30 days
`
`1!
`
`

`
`later. Generally, at those hearings, the defendant is released with a promise to
`
`pay under a voluntary agreement. Additionally,
`
`those defendants who are
`
`remanded to custody or remain in custody are given work release privileges, and
`
`the Court
`
`is oftenamazed at how quickly employment is obtained, and the
`
`number of hour’s defendants work while on work release. Generally work
`
`release is 12 hours per day 6 days a week, if the defendant has work available 6
`
`days a week.
`
`The costs to date are minimal. The judges volunteers 2 hours of calendar time.
`
`The Adult Probation Department sends the supervisor from FINCOM and usually
`
`2 staff members. Obviously, this would be done on ausual work day so it is no .
`
`cost to Adult Probation. Summaries provided to the court are just part of the
`
`usual records maintained by Financial Compliance.
`
`The Superior Court
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`is using current
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`legislation to enforce court order
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`obligations. The procedures used are streamlined since the court is using civil
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`contempt and not Probation Revocation proceedings. There is no obligation to
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`provide court appointed counsel to defendants, and since the proceedings are
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`initiated upon court's own motion, a prosecutor is not required. As one can see,
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`15 — 18 hearings can be done in 1
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`‘/2 hours. Rarely does the calendar last 2
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`hours.
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`The only obstacle faced by Maricopa County was institutional inertia — “not the
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`way we do things.” Maricopa County Adult Probation Department had a good
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`.ack record in collecting court ordered costs. There was an institutional
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`reluctance to commence probation revocation proceedings based solely on
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`financial issues, such as:
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`e Such proceedings are time consuming.
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`0 Lawyers are mandated and expensive.
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`

`
`o
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`If defendant is incarcerated pending hearing revocations proceeding, there
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`are additional costs.
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`0
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`Judges are reluctant
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`to take on additional work on their calendar
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`especially since there is a dedicated Probation Revocation Center in
`Maricopal:Co?u'nty Supefior Court which processes pirobation violation
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`matters.
`
`0
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`Individual probation officers do not view themselves as collection agents
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`and typically,
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`are
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`slow to deal with delinquencies
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`and sending
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`memorandums to the judges after substantial delinquencies accumulate.
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`Obstacles were overcome when one judge volunteered to do a dedicated
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`calendar one day per month. After the Program was operating a second judge
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`volunteered a second day. Training by Adult Probation to the officers concerning
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`collection and Restitution Enforcement Court has been done. More importantly,
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`the Superior Court received cooperation from Adult Probation, and especially
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`FINCOM.
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`IV. PROGRAM IMPACT
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`In 36 months,
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`the Program has collected approximately $500,000.00 in
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`delinquent restitution payments. Generally there are 5 to 6 new cases each
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`month.
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`Cases where defendants have paid substantial payments to avoid contempt
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`findings include payments of $10,000.00, $9,500.00, $5,600.00, $3,500.00 and a
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`number of payments between $1,000.00 and $2,500.00. A number of times
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`defendants paid off entire restitution balance just to avoid returning to Arizona
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`0 and/or Phoenix. Recently one person paid $5,600.00 to avoid returning to
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`Phoenix and another paid $3,600.00 despite the fact the purge “was $900.00
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`because he did not want to ever come back to Restitution Enforcement Court.
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`13
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`

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`The criminal defendants have expressed a desire never to return because it is
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`inconvenient and the court has a strict no tolerance policy.
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`The victims who have “opted in" appreciate that someone was actually enforcing
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`restitution.
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`In one case the victim agre;_ed to a reduction in restitution payments.
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`Others are thrilled that someone is finally holding the defendants accountable
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`after years of non payment. The two judges continue to volunteer because the
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`program benefits the victims and it holds defendants accountable.
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`V V. COUNTY COLLECTIONS
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`In addition to this effort, Maricopa County has a dedicated County Collections
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`Unit under the Department of Finance. This Unit aggressively enforces the
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`Criminal Restitution Orders.
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`Upon release from probation or community
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`supervision/parole a Criminal Restitution Order is created, pursuant to A.R.S. 13-
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`805, which provides:
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`A. The trial court shall retain jurisdiction of the case for purposes of modifying the manner in
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`which court-ordered payments are made until paid in full or until the defendant's sentence
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`expires. At the time the defendant completes the defendant's period of probation or the
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`defendant’s sentence or the defendant absconds from probation or the defendant's
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`sentence, the court shall enter both:
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`1. A criminal restitution order in favor of the state for the unpaid balance, if any.
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`of any fines, costs,
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`incarceration costs; fees, surcharges or assessments
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`imposed.
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`2. A criminal restitution order in favor of each person entitled to restitution for the
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`unpaid balance of any restitution ordered.
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`The Criminal Restitution Order is treated as a civii judgment with the exception
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`that it does not expire and is not part of civil court. These Orders are enforced as
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`liens and are filed with the County Recorder's Office as well as the State and the
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`14
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`

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`Department of Motor Vehicles. These liens prevent the transfer of ownership
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`property (real or personal) out of the defendant's name until
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`the Criminal
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`Restitution Order is paid in full. Collections are also referred to private collection
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`agencies to collect the debt and to initiate wage and non wage garnishments.
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`Additionally, delinquent accounts are submitted to the Arizona Department of
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`Revenue for the chance to intercept any Arizona state tax refunds or lottery
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`winnings.
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`V. LESSONS LEARNED & WHERE DO WE GO FROM HERE
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`The success of this program resulted in changes in legislation in 2010 and 2012.
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`Effective October 2011, Criminal Restitution Orders are filed on absconders and
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`beginning in April 2013,
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`the Criminal Restitution Order process for victim
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`restitution will move from the back end of the process to the front end.
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`At
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`the time the judge determines restitution the judge may sign a Criminal
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`Restitution Order. A Criminal Restitution Order is treated as a civil judgment with
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`exception it does not expire. The victim is entitled to the legal interest from the
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`date the Order is signed. Just as with the current Criminal Restitution Order, the
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`new Order may be filed with the Secretary of State and Motor Vehicle
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`Department, creating liens on personal property and vehicles. They may be
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`recorded with the county Recorder's Office as liens on real estate.
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`If someone wishes to start a similar program the following advice is offered:
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`1. Review all current statutes and see if a similar statute exists.
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`If it exists
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`why is it not being used?
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`2. What
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`financial
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`compliance programs
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`exist within
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`the
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`community
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`supervision (probation and/or parole) and -can the court find a way to
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`coordinate a program to develop a similar program?
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`15
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`3. Greater emphasis
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`on training judges
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`to be more
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`sensitive
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`to
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`“enforcement” as opposed to just entering the original restitution order. A
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`criminal
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`restitution order
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`is
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`just a piece of paper unless there is
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`enforcement of the obligation.
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`Individual probation officers need training
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`in collection of restitution. "in many cases, the primary reason to grant
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`probation initially is to collect restitution for the victim.
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`If the defendant is
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`not going to pay, why are we supervising him/her in the community?
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`In reviewing the type of cases that have come through Restitution Enforcement
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`Court,
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`the common factor is the underlying crimes,
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`theft related offenses,
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`including forgery, embezzlement, fraud schemes and artifice, and theft. After
`listening to the various explanations as to why they are not paying, it is clear that
`the defendants have manipulative personalities and are now manipulating the
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`system. When faced with certain jail for contempt,
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`the money to pay the
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`delinquencies miraculously appears. Second, these individuals are not those
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`making an effort but falling short each month.