District court suspends restitution payment for federal prisoner
6/23/06
Federal prisoners who must make restitution payments despite a significant change in income might learn from the case of John Mays.
John was ordered to make restitution payments through the Inmate Financial Responsibility Program (IFRP). While he was working in UNICOR, he had no problem maintaining them. But when he lost his job, he was still being charged $100 per quarter despite the drastic drop in his income to $10 per month. John filed the proper grievances under the Administrative Remedy Process, but he was denied at every level, forcing his family and friends to keep sending him money in order to make the payments.
John decided to petition his sentencing court under 18 U.S.C. § 3572. This statute grants the court authority to adjust a defendant’s payment schedule upon receipt of a motion by the defendant that a change in economic circumstances has occurred, affecting the defendant’s ability to pay a fine.
The Honorable Lynn Adelman of the Eastern District of Wisconsin granted John’s request, suspending his payments until supervised release. But, if you petition the court on your ability to pay a fine, remember that although the court has the option to change the payments, it bears no obligation to do so.