S. 905: An Act Establishing Crime Victim Restitution Restitution holds offenders responsible for the financial losses suffered by the victims of their crimes. It is typically ordered to compensate victims for out-of-pocket expenses that are the direct result of a crime. National research studies indicate that restitution is one of the most significant factors affecting satisfaction of victims with the criminal justice process. Nevertheless, restitution remains one of the most underenforced rights of victims within the criminal justice system. Unfortunately, Massachusetts’ statutes seem particularly deficient with regard to restitution for crime victims. According to the National Center for Victims of Crime, Massachusetts is one of only a handful of states that has not yet established victim restitution consistently through statute. This lack of a clear, comprehensive statute has created a loophole through which offenders escape their financial obligations to victims. This legislation establishes a framework for the ordering, collection and enforcement of restitution to victims from offenders for the financial losses incurred as a result of the offender's criminal conduct. Among other important goals, this legislation proposes to: Mandate restitution to all victims who have sustained financial losses, regardless of whether the offender is to be incarcerated. Establish clear categories of expenses covered and procedures for documenting the victim's financial losses. Standardize procedures for evaluating a defendant's present and future ability to pay restitution and for determining the offender's restitution payment plan. Provide for joint and several liability to pay restitution in cases in which multiple defendants are responsible for crimes against a victim. Develop aggressive enforcement mechanisms to promote full collection of restitution including making restitution a condition of parole and probation; using wage assignments, interest penalties and tax refund intercepts; retaining bail money posted by the offender; and converting restitution orders into civil judgments. Prioritize restitution and other assessments that support crime victim programs first among a defendant's financial obligations. Require an offender to reimburse the victim compensation program if restitution has been ordered and a victim has received compensation from the state. View the complete text of the Restitution Bill. For updates, reference the Massachusetts Laws and Regulations web site.