Full restitution to shelter would take thief 231 years

Question: Auwe. A lady who was supposed to be helping the homeless instead steals $500,000 and only gets a year in jail! This is outrageous. She’s supposed to pay the money back. When? This is why people lose trust in the government!

Answer: Under the terms of her sentencing, Sophina Placencia must pay no less than $200 per month toward total restitution of $554,495.43. At that rate it would take 2,772 months, or 231 years, to repay money stolen from the Waianae homeless shelter she once ran. However, as a state Judiciary spokesman explains, those terms apply only during probation.

The state Attorney General’s Office had sought tougher punishment than the four years’ probation (one of which must be served behind bars) handed down by a state circuit judge on April 3; Placencia begins serving the sentence May 15. Prosecutors had asked that she receive concurrent five- and 10-year prison terms on no-contest pleas for thefts that occurred between 2007 and 2013.

We followed up with the Judiciary to ask about restitution generally — what happens if it’s not paid as ordered, whether victims have another recourse, and for a breakdown of whether it’s usually paid on schedule — as well as about the sentence in this case.

Here is the response from Judiciary spokesman Andrew Laurence:

“Judges order defendants to make restitution for reasonable and verified losses suffered by victims as a result of the defendant’s offense when requested by the victim. While the defendant is on probation, the judge considers a defendant’s financial ability to make restitution when determining monthly payments to be made. Those payments may be changed if, for instance, a defendant’s financial situation changes or if the circumstances that warranted imposition of the restitution change. While the defendant is on probation, however, non-payment of restitution may constitute grounds for revocation of a defendant’s probation.

“The monthly payment schedule is effective only for the period of probation. Once the probationary period is over, the victim may take steps to pursue restitution as a civil judgment. If a victim wishes to seek civil enforcement, a certified or exemplified copy of an order of the court for payment of restitution may be filed in court as a special proceeding without assessment of a filing fee or surcharge. The order is then enforceable in the same manner as a civil judgment, and it is possible that the victim may be able to obtain higher monthly payments or a lump-sum payment.

“In Hawaii, many offenders make restitution payments. There are also offenders who are not paying because they are in jail, in a drug-treatment program, unemployed, on bench warrant status, or deported.

“As for your question about the rationale for the judge’s sentence in the case you mention, the Judiciary cannot comment on such matters.”

Q: Regarding rat lungworm disease: Does refrigeration have any impact on the slugs and snails that may be on lettuce and other fresh produce; i.e., will the cold kill them?

A: No, refrigeration isn’t enough; it has to be freezing (or boiling), according to the state Department of Health, which states, “When preparing food for cooking, any suspect food products should be boiled for at least 3 to 5 minutes, or frozen at 5 degrees Fahrenheit (minus 15 degrees Celsius) for at least 24 hours; this will kill the larval stage of the worm.”

Mahalo

I want to thank the person who volunteered to watch over my wagon filled with my purchases while I went to get my car in the unexpected pouring rain on the morning of April 19. She was getting off from her shift at work, probably was tired and wanted to go home. Her kindness really made my day. — Much aloha, Debbie

Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.