|
REFERENCE TITLE: juveniles; restitution; adoptive parents; exception |
|
State of Arizona Senate Fiftieth Legislature First Regular Session 2011
|
|
SB 1559 |
|
|
|
Introduced by Senator Murphy
|
AN ACT
Amending section 8-344, Arizona Revised Statutes; relating to juvenile offenders.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-344, Arizona Revised Statutes, is amended to read:
8-344. Restitution payments; parental responsibility; exception
A. If a juvenile is adjudicated delinquent, the court, after considering the nature of the offense and the age, physical and mental condition and earning capacity of the juvenile, shall order the juvenile to make full or partial restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The juvenile shall make restitution payments to the clerk of the court for disbursement to the victim or estate of the victim.
B. The court shall notify the victim or estate of the victim of the dispositional hearing. The court may consider a verified statement from the victim or estate of the victim concerning damages for lost wages, reasonable damages for injury to or loss of property and actual expenses of medical treatment for personal injury, excluding pain and suffering.
C. In ordering restitution pursuant to subsection A of this section, the court may order one or both of the juvenile's custodial parents to make restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The court shall determine the amount of restitution ordered pursuant to this subsection, except that the amount shall not exceed the liability limit established pursuant to section 12‑661. The court may order a parent or juvenile who is ordered to pay restitution to satisfy the order in a lump sum or installment payments to the clerk of the court for disbursement to the victim or estate of the victim. If the court orders the juvenile's parents to make restitution pursuant to this subsection, the court shall order the juvenile to make either full or partial restitution, regardless of the juvenile's insufficient earning capacity. The court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order. The restitution requirements of this subsection do not apply to a parent if the juvenile was adopted by that parent after the juvenile was determined by the court to be a dependent child pursuant to chapter 10 of this title.
D. The juvenile court shall retain jurisdiction of the case after the juvenile attains eighteen years of age for the purpose of modifying the manner in which court ordered payments are to be made. After a juvenile attains eighteen years of age, the juvenile court shall enter the following:
1. A juvenile restitution order in favor of the state for the unpaid balance, if any, of any costs, fees, surcharges or monetary assessments imposed.
2. A juvenile restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered pursuant to this section.
E. The clerk of the court shall send a copy of the juvenile restitution order to each person who is entitled to restitution.
F. A juvenile restitution order may be recorded and enforced as any civil judgment, except that a juvenile restitution order does not require renewal pursuant to section 12-1611 or 12‑1612. A juvenile restitution order does not expire until paid in full.
G. A juvenile restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the juvenile.