Revises procedures for the issuance and enforcement of restitution orders.
Directs the court to:
(1) order the probation service of the court to obtain and include in its presentence report, or in a separate report, information sufficient for the court to exercise its discretion in fashioning a restitution order (which shall include a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant); and
(2) disclose to both the defendant and the attorney for the Government all portions of the report pertaining to such matters.
Directs the probation service to inform the court if the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make such requirement impracticable.
Makes specified provisions of the Federal criminal code and Rule 32(c) of the Federal Rules of Criminal Procedure the only rules applicable to proceedings for the issuance and enforcement of restitution orders.
Directs the attorney for the Government, within 60 days after conviction and not later than ten days prior to sentencing, to:
(1) provide the probation service of the court with a listing of the amounts subject to restitution, after consulting with all identified victims;
(2) provide notice to all such victims of the offenses of which the defendant was convicted, the listing of amounts subject to restitution, the victim's right to submit information concerning losses, and the scheduled date, time, and place of the sentencing hearing;
(3) advise any victim that he or she may file a separate affidavit relating to his or her losses.
Directs each defendant (within such time frame) to prepare and file with the probation service an affidavit fully describing the defendant's financial resources.
Authorizes the court, after reviewing the report of the probation service, to require additional documentation or hear testimony.
Specifies that the privacy of any such records filed or testimony heard shall be maintained and such records may be filed or testimony heard in camera.
Directs the attorney for the Government to inform the court if the victim's losses are not ascertainable ten days prior to sentencing and the court shall set a date for the final determination of the victim's losses.
Provides a victim who subsequently discovers further losses 60 days after discovery to petition the court for an amended restitution order (which order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief).
Sets forth provisions regarding referral of any issue arising in connection with a proposed restitution order to a magistrate or special master.
Directs the court to order restitution to each victim in the full amount of each victim's losses as determined by the court without consideration of the defendant's economic circumstances.
Sets forth further requirements, including provisions regarding the form of payments, situations involving multiple defendants, a prohibition on considering the fact that a victim has received compensation with respect to a loss from insurance or any other source in determining the amount of restitution, notification of material changes in the defendant's economic circumstances, and such adjustment of the payment schedule as the interests of justice require.
(1) a defendant's conviction for an offense involving the act giving rise to a restitution order shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the extent consistent with State law, brought by the victim; and
(2) a restitution order may be enforced by the United States, as specified, or by a victim named in the order, in the same manner as a judgment in a civil action.
Requires a person obligated to provide restitution or pay a fine who receives substantial resources from any source, including inheritance, settlement, or other judgment, during a period of incarceration, to apply the value of such resources to any restitution or fine still owed.