ILNews

Restitution continues beyond probation period

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court affirmed today that trial courts must inquire about a defendant's ability to pay when they order restitution as a condition of probation or a suspended sentence and a restitution obligation continues beyond the end of a probationary period.

However, in Jeffrey Pearson v. State of Indiana, No. 45S03-0712-CR-574, the high court affirmed the trial court's order for Pearson to pay at least $150 a month in restitution as a condition of his probation even though the trial court didn't inquire about his ability to pay.

On appeal, Pearson only raised the issue of whether the trial court erred in ordering him to pay more than $50,000 in restitution during his one-year probationary period without determining if he could pay that amount.

Pearson was a police officer in the East Chicago Police Department and served as treasurer of the Fraternal Order of Police Lodge #59. When two widows complained to the lodge they hadn't received death benefits following their husbands' deaths, an internal investigation showed that funds were missing.

Pearson agreed to plead guilty to a count of conversion to have a felony theft charge dismissed. He was sentenced to one year in the Lake County Jail, suspended and served on probation, and ordered to make restitution to the victims. The state introduced evidence to show Pearson should pay more than $50,000 in restitution; Pearson argued he should only have to pay $300, but introduced no evidence to support his amount.

The trial court accepted the terms of the plea agreement and without making a finding to his ability to pay, sentenced Pearson to pay $52,685.97 in restitution in increments of at least $150 a month.

The Court of Appeals reversed the trial court order because it failed to determine his ability to pay and remanded the cause to the trial court.

In the unanimous opinion authored by Justice Robert Rucker, the high court does hold that a trial court is required to ask about a defendant's ability to pay when it orders restitution as a condition of probation or of a suspended sentence. The reason behind this is to prevent indigent defendants from being imprisoned for violating probation as a result of failing to pay the restitution, wrote Justice Rucker.

Pearson's argument in appeal is an assumption his obligation to pay back the restitution ends when his probationary period stops, but Indiana statute and previous rulings show that the expiration of a probationary period doesn't terminate the defendant's obligation to make restitution to a crime victim, he wrote, citing Indiana Code Section 35-50-5-3(f) and Savage v. State, 655 N.E.2d 1223, 1225 (Ind. 1995).

The Supreme Court reinstated the trial court's order, finding that because Pearson didn't challenge the amount of restitution or his ability to pay the $150 a month, there isn't a need to remand to the trial court.
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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