Legal Question in Criminal Law in Rhode Island

What is the limit to parole time vs. restitution

I was paroled from Utah and given 3 years parole and ordered to pay a restitution of $10,000. I have been disabled and recieve a VA pension that is only enough to pay expences for my family of a wife and 5 children. I have a total disability.I completed the 3 years parole without a violation however I am unable to payoff the restitution and they required me to extend the parole time until it is paid. I pay $50 per month which means I will not have the payments completed until nearly 10 more years. The question is if I have any argument to be removed from parole due to the fact that other than the restitution I would have been completed 2 years ago. This seems to be what might be concidered a debtors prison.I was ordered to pay $20 per month at first and then $50 per month of which I didIn Utah the maximim parole time allowed to be given is 3 years. I ask if there is any means in which I can dispute their right to extend my parole since they had to be aware that under the conditions of my parole and the payment schedual required I would not be released from parole for almost the entier 15 years.


Asked on 3/25/99, 10:24 pm

1 Answer from Attorneys
Susan Freiman The Legal Clinic

Re: parole time vs. restitution

You have an excellent argument that the additional parole violates the US Constitution, since it discriminates against you because of your poverty, your inability to pay restitution. This argument becomes even stronger if the period of parole imposed on you in fact exceeds the maximum parole period under the criminal law. It also amounts to criminal sanctions to enforce collection of what appears to be a civil debt.

You should check with a local lawyer to help you with this. Try the public defender. Tell your lawyer that the authority for the unconstitutionality argument is:

Tate v. Short, 401 US 395 (1974); also Williams v. Illinois, 399 US 235 (1970).

You might also want to talk to a lawyer who specializes in bankruptcy. If you cannot afford a lawyer, try the Legal Aid Society. Most bar associations also have a panel of lawyers willing to work for reduced fees.

Good luck!

Susan Freiman

The Legal Clinic

P.O. Box 9407, Herzlia Street 29


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Answered on 4/07/99, 3:40 am


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