State deducting restitution from personal income tax refunds
Convicted criminals have less of a Pennsylvania tax refund to look forward to if they already owe money to a crime victim through a process known as restitution.
A year after the state began garnisheeing money from people who filed personal income tax returns, officials provided updates on amounts collected, by county.
The state Department of Revenue calls them state income tax “intercepts” that allow the money to be transferred to crime victims.
Washington County victims received $87,829 through the program, while Greene Countians were allotted $11,460.
“It’s important,” Washington County Clerk of Courts Frank Scandale said. “We get calls regularly from victims in cases. It’s hard to police them all, but we try our best.”
The state income tax refund intercept program became law in 2016 when Gov. Tom Wolf signed legislation initially sponsored by Rep. Bryan Barbin, D-Cambria/Somerset, amending the Crime Victims Act.
If a person has been convicted of a crime and owes restitution to a victim, court costs or fines, the Department of Revenue checks that person’s account to see whether they are due a personal income tax refund.
After the department satisfies any outstanding state income tax liabilities, the law requires the department to direct all or part of the remaining refund to the clerk of courts in the county where the crime was committed.
The clerk of courts then transfers any restitution owed to crime victims.
Scandale explained this week that if a criminal falls behind on a restitution payment plan, fines or court costs, a judge will schedule a contempt hearing.
“We’ll send out 100 for a (court) day, and we’ll be lucky if 10 percent show up,” Scandale said. Bench warrants are issued for no-shows.
The clerk of courts also immediately files judgments with the prothonotary that are lifted only if all restitution, costs and fines are paid.
If the person convicted of a crime attempts to obtain a loan or mortgage, the lender may incorporate repayment of the judgment.
When restitution, fines or court costs aren’t paid after several years, the debt is turned over to a collection agency.
County Offset amount Offsets per county
Greene $11,460 67
Washington $87,829 437
Source: Pa. Department of Revenue as of 8/30/2018