Victims Justice Act of 1995

TABLE OF CONTENTS: Title I: Restitution Title II: Miscellaneous Provisions Victims Justice Act of 1995 - Title I: Restitution - Amends the Federal criminal code to require the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses (see sec. 103). Authorizes the court to order restitution in certain other cases. Makes specified procedures (see sec. 105) applicable to all orders of restitution. Requires the court to provide, as an explicit condition of a sentence of probation, that the defendant make restitution as ordered, pay the assessment imposed, and notify the court of any material change in his or her economic circumstances that might affect his or her ability to pay restitution, fines, or special assessments. (Sec. 103) Directs the court to order, in addition to any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim's estate. Sets forth provisions regarding: (1) who the victim is in conspiracy cases; (2) restitution to persons other than the victim; (3) the form and amount of restitution; and (4) plea agreements not resulting in a conviction. Requires restitution in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense: (1) that is a crime of violence, a felony against property (including fraud), an offense relating to tampering with consumer products, or a specified drug offense; or (2) in which an identifiable victim or victims has suffered a physical injury or pecuniary loss. Makes exceptions where the number of identifiable victims is so large as to make restitution impracticable or where determining complex issues of fact or the amount of the victim's losses would create an excessive burden on the sentencing process. (Sec. 104) Specifies that, in determining whether to order restitution, the court: (1) shall consider the amount of the loss sustained by each victim as a result of the offense; (2) may consider the financial resources of the defendant and the financial needs and earning ability of the defendant and the defendant's dependents; and (3) may decline to order restitution upon determining that the complication and prolongation of the sentencing process resulting from fashioning such an order outweighs the need to provide restitution to any victims. Makes conforming changes to the Violence Against Women Act of 1994. (Sec. 105) 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. 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. Sets forth provisions regarding: (1) timetables for the U.S. Attorney to prepare and file a statement with the probation service of the court, for the U.S. Attorney and the victims to sign the statement, for the U.S. Attorney to advise the victim that the victim may file a separate affidavit if he or she objects to any information in the statement, and for each defendant to prepare and file an affidavit describing the defendant's financial resource; (2) court review of, and followup concerning, the report; (3) the privacy of records filed; (4) final determination of the victim's losses; (5) referral of any issue arising in connection with a proposed restitution order to a magistrate or special master; and (6) the burden of proof of the amount of loss sustained by the victim. 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, and 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. (Sec. 106) Amends Rule 32(b) of the Federal Rules of Criminal Procedure to require that: (1) a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, be required in any case in which restitution is required to be ordered; and (2) a presentence report contain, in appropriate cases, information sufficient for the court to enter an order of restitution. Adds restitution to existing provisions governing the imposition of a fine in Federal criminal cases. Directs the court to impose a fine or other monetary penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution required to a victim other than the United States. Sets forth provisions regarding payment schedules, notification to the court of material changes in the defendant's economic circumstances, and default on a restitution fine or payment. Adds restitution provisions to provisions governing the post-sentence administration of fines, including collection. Permits the victim to request that restitution be paid directly to the victim or to the victim's designee. Sets priorities for the disbursement of money received from a defendant. Specifies that a restitution order shall operate as a lien in favor of the United States and crime victims against all property belonging to each defendant. Sets forth provisions regarding: (1) property held jointly by the defendant and third parties; (2) hearings regarding delinquency or default on restitution payments; and (3) a prohibition against incarcerating a defendant solely on the basis of inability to make payments because of indigency. (Sec. 107) Requires that a restitution order be entered in any juvenile delinquency proceeding in which a juvenile is adjudicated delinquent for an offense for which restitution would be mandatory if the juvenile were tried and convicted as an adult. (Sec. 108) Directs the United States Sentencing Commission to amend or promulgate guidelines to reflect the amendments made by this Act. (Sec. 109) Requires the Attorney General to amend or promulgate guidelines to carry out this Act and to ensure that: (1) in all plea agreements negotiated by the United States, consideration is given to requesting that the defendant provide full restitution to all the victims; and (2) restitution orders are enforced to the fullest extent of the law. (Sec. 110) Doubles the special assessments on persons convicted of a felony in Federal cases. (Sec. 111) Amends the Victims of Crime Act of 1984 to: (1) prohibit payments to delinquent criminal debtors by State crime victim compensation programs; and (2) exclude victim assistance from income for purposes of determining eligibility for Federal benefits. (Sec. 112) Authorizes the Director of the Office for Victims of Crime to make supplemental grants to States: (1) to provide compensation and assistance to residents who, while outside the United States, are victims of a terrorist act or mass violence, subject to specified limitations; and (2) for eligible crime victim compensation and assistance programs to provide emergency relief for the benefit of victims of domestic terrorist acts or mass violence and to provide funding to U.S. Attorney's Offices for use in coordination with State efforts in providing emergency relief. Sets forth or revises provisions regarding the funding of compensation and assistance to victims of terrorism, mass violence, and crime, the use of unobligated funds, and the base amount. Title II: Miscellaneous Provisions - Sets forth provisions regarding the severability of this Act. (Sec. 202) Directs the Attorney General, in cooperation with the Director of the Administrative Office of the United States Courts, to study and report to specified congressional committee members on the funds paid out of the Crime Victims Fund and the impact of amendments made by this Act on available funds.