Section 758-A. Restitution  


Latest version.
  • 1. In cases involving acts of infants over ten
      and less than sixteen years of age, the court may
        (a) recommend as a condition of placement, or order as a condition  of
      probation or suspended judgment, restitution in an amount representing a
      fair  and  reasonable  cost to replace the property or repair the damage
      caused by the infant, not, however, to exceed one thousand  dollars.  In
      the case of a placement, the court may recommend that the infant pay out
      of his or her own funds or earnings the amount of replacement or damage,
      either  in  a  lump  sum  or  in periodic payments in amounts set by the
      agency with which he  is  placed,  and  in  the  case  of  probation  or
      suspended judgment, the court may require that the infant pay out of his
      or her own funds or earnings the amount of replacement or damage, either
      in  a  lump  sum  or  in  periodic payments in amounts set by the court;
      and/or
        (b) order  as  a  condition  of  placement,  probation,  or  suspended
      judgment,  services for the public good including in the case of a crime
      involving willful, malicious, or unlawful damage or destruction to  real
      or personal property maintained as a cemetery plot, grave, burial place,
      or  other  place  of  interment  of  human  remains,  services  for  the
      maintenance and repair thereof, taking into consideration  the  age  and
      physical condition of the infant.
        2.  If  the  court recommends restitution or requires services for the
      public good in conjunction  with  an  order  of  placement  pursuant  to
      section  seven hundred fifty-six, the placement shall be made only to an
      authorized agency which  has  adopted  rules  and  regulations  for  the
      supervision  of  such  a  program,  which rules and regulations shall be
      subject to the approval of the state department of social services. Such
      rules and regulations shall include, but not be  limited  to  provisions
      (i)  assuring  that  the  conditions  of work, including wages, meet the
      standards therefor prescribed pursuant to the labor law; (ii)  affording
      coverage to the child under the workers' compensation law as an employee
      of  such  agency,  department  or  institution;  (iii) assuring that the
      entity receiving such services shall not utilize the same to replace its
      regular employees; and (iv) providing for reports to the court not  less
      frequently than every six months, unless the order provides otherwise.
        3.  If  the court requires restitution or services for the public good
      as a condition of probation or suspended judgment, it shall provide that
      an agency or person supervise the restitution or services and that  such
      agency  or person report to the court not less frequently than every six
      months, unless the order provides otherwise.  Upon  the  written  notice
      sent  by  a  school  district to the court and the appropriate probation
      department or agency which submits probation recommendations or  reports
      to  the  court,  the  court  may provide that such school district shall
      supervise the performance of services for the public good.
        4. The court, upon receipt of the reports provided for in  subdivision
      two or three of this section may, on its own motion or the motion of any
      party  or  the agency, hold a hearing to determine whether the placement
      should be altered or modified.