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Court rules in Ariz. Department of Corrections restitution case
By Associated Press
Published: 06/07/2004

The Arizona Court of Appeals overturned a restitution order against a former prison maintenance man who helped a rapist escape, saying restitution laws shouldn't be applied to the normal costs of investigating a crime.
Clayton M. Guilliams had been ordered by the trial court to pay $47,627 - the amount the Department of Corrections said it spent handling the Sept. 29, 2000, escape and aftermath.
Guilliams pleaded guilty to helping inmate Steven Hummert conceal himself in a large air conditioner box, which several inmates loaded in a truck.
Hummert was captured a couple of months later in Oregon.
Guilliams, who was sentenced to probation, agreed to pay restitution under the deal. But he argued before the appellate court that he shouldn't be forced to pay the $47,627 in restitution because the DOC was not a "victim" and because the costs of investigating an escape were not justifiable under restitution laws.
The appellate court found that the DOC could be treated as a victim. It also found that the roughly $25,000 in extra prison operation costs accrued the day of the escape were appropriate for restitution, but the portion of the restitution associated with recapturing and investigating the escape was not justified.

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