PORTLAND -- When a crime is committed, Oregon law allows victims to receive restitution or money paid by the criminal to cover the cost of damages he or she caused. But a new audit of the state's restitution system shows 50% of victims sampled aren't getting the money they're due.
In August of 2006, Lorna Kautzky told Newschannel 8 that she was still coming to terms with the loss of her husband Eric. The retired teacher and avid cyclist was run over by a teenager who'd spent the night partying before falling asleep behind the wheel. Grieving is hard enough.
"Even though, it's been a year and two months. It's still pretty fresh," Kautzky said.
Tuesday, Kautzky sat down with Newschannel 8 again. These days she's doing more than just grieving. She's also fighting.
"I call the parole officer bi-monthly. At least twice a month," she said.
Awarded $18,000 by the court to cover the costs of Eric's funeral, in four and a half years she's received just $1,200. Kautzky's sporadic checks, sometimes as little as $25.00 are visual examples of a broken system. Payments aren't being made to victims and as a recent Secretary of State audit found in 50% of examined cases, restitution isn't even being ordered. Why? 66% of the time district attorneys fail to complete their jobs.
"Sometimes they were contacting victims, but not following up with additional contacts. Sometimes they were capturing the information, but not presenting that in court," explained Senior Auditor Andrew Love.
In response to the audit, several district attorneys cited budget and staffing constraints. Attorney General John Kroger and his restitution task force were currently crafting legislation to address that problem. They're hoping to create a new position in larger county courthouses. "A particular restitution clerk working in the courthouse working to make sure all that information is collected," said Kroger.
Kroger understands the system needs more than a Band-Aid. His office was also examining restitution models nationwide that might work in Oregon. They're searching for models that wouldn't force victims like Lorna Kautzky to fight for what's due.
"It's not about so much the money, it's about justice that's due to the person that innocently lost their life. It's so important," explained Kautzky.
