Restitution for East Iowa crime victims difficult to collect

One family lost everything as they struggled to pay for specialized treatment for their son who was sexually assaulted as a fifth-grader by his Iowa City school counselor.

The youth started acting out, cutting himself, using drugs as a teenager and attempted suicide more than once. His parents had to send him to a strict boarding school equipped to handle behavioral problems and substance abuse issues.

The teen's parents told a judge during a 2010 restitution hearing they lost their home, life savings, and eventually their marriage over the emotional and financial stress.

The judge granted $67,149 in restitution from the offender, Donald Clark, 43, of Coralville, who was convicted by a Johnson County jury in 2009 for sexually abusing their son.

There are many victims and their families like this one who are granted restitution each year - but whether they receive payment remains an issue.

For example, Clark is serving a 25-year prison term, and part of every deposit into his prison account will be deducted for restitution. It's unknown if the victim's family ever will get full restitution.

Officials say many victims collect all or at least a portion of the restitution award, but admit the process is slow.

"It's easier to get when they are in prison or on probation or parole because someone is tracking it, but in prison they are getting so much cents an hour - you can't get blood from a turnip," Linn County Attorney Jerry Vander Sanden said. "We've had some cases where we have pursued an offender for not paying but we have to be able to prove they have the means to pay."

Victim restitution is mandatory in all criminal cases in which an offender is convicted and can be for any crime-related expense.

Janelle Melohn, director of the Iowa Attorney General's Crime Victim Assistance Division, said there has been a national push to make restitution a priority in the last several years and the courts seem to be more aggressive in making collections.

Last year, the Iowa Legislature approved beefing up court collections through a private vendor in counties where county attorneys don't have the personnel to handle 90-day past-due collections. County attorneys collect court debt in 46 counties, and the private vendor collects court debt in the remaining 53.

Iowa Department of Corrections spokesman Fred Scaletta said 20 percent of each deposit into offenders' accounts is garnisheed for restitution while they are in prison and payment plans are enforced if an offender is on probation or parole.

Nearly $1.6 million in restitution was collected from inmates at nine prisons in 2011. There are 8,493 inmates in all nine institutions, and there are 15,215 restitution plans in place.

Scaletta said some inmates are serving for multiple offenses and have more than one plan.

Vander Sanden said it's more difficult to ensure payments from offenders once they are out of the correctional system but a county attorney can ask the court to revoke someone's probation or hold them in contempt of court for non-payment. It's rare that judges will hold offenders in contempt unless there is proof they are "willfully" not paying, he said.

Victims can also take civil action to recover their losses. That may not be the best option depending how much there is to be gained since it requires paying attorney fees and court costs, Vander Sanden said.

Ken Gard, Linn County courts clerk supervisor, said the court has few remedies to collect debt. If an account is 30 days past due, the court can flag it for the Department of Revenue to garnishee wages and hold state income tax refunds and lottery winnings until restitution is paid. Linn County has collected more than $718,000 in state tax refunds on past-due accounts in the last few months because of tax season, he said.

The Department of Transportation can also put a hold on license plates or prevent an offender from getting a driver's license if their restitution involved a traffic-related violation, Gard said.

The Department of Revenue also has a collection unit that tracks and collects any court debt, as well as debt owed to all state agencies, said Betty Buitenwerf, legal counsel for State Court Administration in Des Moines.

Melohn said victims of violent crimes can also receive more immediate restitution through the Attorney General's Offices Crime Victim's Compensation Program that reimburses victims and their families for crime-related expenses and then collects the debt from the offenders. It takes about 40 days to determine eligibility of a claim and then most bills with proper documentation will usually be paid within 30 days of receipt, she said.

In fiscal year 2011, $780,049 was collected for claims filed and approved through the program, Melohn said. There was $4,918,848 claims filed from 2007-2012 and $1,780,067 has been paid so far by the offenders.

 Eastern Iowa restitution cases

Donald Clark, 43, of Coralville, former Iowa City school counselor

• Conviction: Second-degree sexual abuse, 2010, abused fifth-grade boy
• Sentence: Up to 25 years
• Restitution: $67,14
•  Has paid: $369

Tammy Brandt, 52, of Cedar Rapids, former Mercy Medical Center  financial executive assistant

•  Conviction: First-degree theft, 2009, embezzled $210,000 from Mercy
•  Sentence: 10 years, suspended
•  Restitution: $8,850 (the hospital's deductible)
•  Has paid: $6,133.

James Maclin Jr., 41, of Cedar Rapids

•  Conviction: Attempted murder, willful injury causing serious injury, 2009, accused of stabbing girlfriend and another man
• Sentence: Up to 40 years
•  Restitution: $78,144
•  Has paid: $2,514

Heather Beckmann, 36, of Cedar Rapids

• Conviction: First-degree theft, 2008, embezzled money from her employer, Master Plumbing
• Sentence: 10 years, suspended
•  Restitution: More than $70,000
•  Has paid: $4,135

Amber Ransom, 45, of Alburnett, former Alburnett city clerk

• Conviction: First degree theft, 2012, embezzling $37,013 from the city
•  Sentence: 10 years, suspended and five years' probation
•  Restitution: $37,013
•  Has paid: Nothing
•  

Denem Null, 19, of Cedar Rapids

• Conviction: Second-degree murder and robbery, 2011, in the 2010 murder of Kevin Bell
• Sentence: 75 years
•  Restitution: $10,243
•  Has paid: Nothing