SB-0988, As Passed Senate, October 1, 2014
June 11, 2014, Introduced by Senators PAPPAGEORGE, NOFS, COLBECK, ROBERTSON, CASWELL, HUNE and MARLEAU and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 18, 30, and 31 of chapter XIIA (MCL 712A.18,
712A.30, and 712A.31), section 18 as amended by 2011 PA 295 and
sections 30 and 31 as amended by 1996 PA 561.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 18. (1) If the court finds that a juvenile concerning
whom a petition is filed is not within this chapter, the court
shall enter an order dismissing the petition. Except as otherwise
provided in subsection (10), if the court finds that a juvenile is
within this chapter, the court may enter any of the following
orders of disposition that are appropriate for the welfare of the
juvenile and society in view of the facts proven and ascertained:
(a) Warn the juvenile or the juvenile's parents, guardian, or
custodian and, except as provided in subsection (7), dismiss the
petition.
(b) Place the juvenile on probation, or under supervision in
the juvenile's own home or in the home of an adult who is related
to the juvenile. As used in this subdivision, "related" means an
individual who is not less than 18 years of age and related to the
child
juvenile by blood, marriage, or adoption, as grandparent,
great-grandparent, great-great-grandparent, aunt or uncle, great-
aunt or great-uncle, great-great-aunt or great-great-uncle,
sibling, stepsibling, nephew or niece, first cousin or first cousin
once removed, and the spouse of any of the above, even after the
marriage
has ended by death or divorce. A child juvenile may be
placed with the parent of a man whom the court has found probable
cause to believe is the putative father if there is no man with
legally
established rights to the child. juvenile. This placement
of
the child juvenile with the parent of a man whom the court has
found probable cause to believe is the putative father is for the
purposes of placement only and is not to be construed as a finding
of paternity or to confer legal standing. The court shall order the
terms and conditions of probation or supervision, including
reasonable rules for the conduct of the parents, guardian, or
custodian, if any, as the court determines necessary for the
physical, mental, or moral well-being and behavior of the juvenile.
The court may order that the juvenile participate in a juvenile
drug treatment court under chapter 10A of the revised judicature
act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. The court also
shall order, as a condition of probation or supervision, that the
juvenile shall pay the minimum state cost prescribed by section 18m
of this chapter.
(c) If a juvenile is within the court's jurisdiction under
section 2(a) of this chapter, or under section 2(h) of this chapter
for a supplemental petition, place the juvenile in a suitable
foster care home subject to the court's supervision. If a juvenile
is within the court's jurisdiction under section 2(b) of this
chapter, the court shall not place a juvenile in a foster care home
subject to the court's supervision.
(d) Except as otherwise provided in this subdivision, place
the juvenile in or commit the juvenile to a private institution or
agency
approved or licensed by the department of consumer and
industry
human services for the care of juveniles of similar age,
sex, and characteristics. If the juvenile is not a ward of the
court,
the court shall commit the juvenile to the family
independence
agency department of human
services or, if the county
is a county juvenile agency, to that county juvenile agency for
placement
in or commitment to such an institution or agency as the
department of human services or county juvenile agency determines
is most appropriate, subject to any initial level of placement the
court designates.
(e) Except as otherwise provided in this subdivision, commit
the juvenile to a public institution, county facility, institution
operated as an agency of the court or county, or agency authorized
by law to receive juveniles of similar age, sex, and
characteristics. If the juvenile is not a ward of the court, the
court shall commit the juvenile to the department of human services
or, if the county is a county juvenile agency, to that county
juvenile
agency for placement in or commitment to such an
institution or facility as the department of human services or
county juvenile agency determines is most appropriate, subject to
any
initial level of placement the court designates. If a child
juvenile is not less than 17 years of age and is in violation of a
personal
protection order, the court may commit the child juvenile
to a county jail within the adult prisoner population. In a
placement under subdivision (d) or a commitment under this
subdivision, except to a state institution or a county juvenile
agency institution, the juvenile's religious affiliation shall be
protected by placement or commitment to a private child-placing or
child-caring agency or institution, if available. Except for
commitment to the department of human services or a county juvenile
agency, an order of commitment under this subdivision to a state
institution or agency described in the youth rehabilitation
services act, 1974 PA 150, MCL 803.301 to 803.309, or in 1935 PA
220, MCL 400.201 to 400.214, the court shall name the
superintendent of the institution to which the juvenile is
committed as a special guardian to receive benefits due the
juvenile from the government of the United States. An order of
commitment under this subdivision to the department of human
services or a county juvenile agency shall name that agency as a
special guardian to receive those benefits. The benefits received
by the special guardian shall be used to the extent necessary to
pay for the portions of the cost of care in the institution or
facility that the parent or parents are found unable to pay or,
under subsection (20), not required to pay.
(f) Provide the juvenile with medical, dental, surgical, or
other health care, in a local hospital if available, or elsewhere,
maintaining as much as possible a local physician-patient
relationship, and with clothing and other incidental items the
court determines are necessary.
(g) Order the parents, guardian, custodian, or any other
person to refrain from continuing conduct that the court determines
has caused or tended to cause the juvenile to come within or to
remain under this chapter or that obstructs placement or commitment
of the juvenile by an order under this section.
(h) Appoint a guardian under section 5204 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5204, in response
to a petition filed with the court by a person interested in the
juvenile's welfare. If the court appoints a guardian as authorized
by this subdivision, it may dismiss the petition under this
chapter.
(i) Order the juvenile to engage in community service.
(j) If the court finds that a juvenile has violated a
municipal ordinance or a state or federal law, order the juvenile
to pay a civil fine in the amount of the civil or penal fine
provided by the ordinance or law. Money collected from fines levied
under this subsection shall be distributed as provided in section
29 of this chapter.
(k) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, order the juvenile's parent or
guardian to personally participate in treatment reasonably
available in the parent's or guardian's location.
(l) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, place the juvenile in and order
the juvenile to complete satisfactorily a program of training in a
juvenile boot camp established by the department of human services
under the juvenile boot camp act, 1996 PA 263, MCL 400.1301 to
400.1309, as provided in that act. If the county is a county
juvenile
agency, however, the court shall commit the juvenile to
that county juvenile agency for placement in the program under that
act. Upon receiving a report of satisfactory completion of the
program from the department of human services, the court shall
authorize the juvenile's release from placement in the juvenile
boot camp. Following satisfactory completion of the juvenile boot
camp program, the juvenile shall complete an additional period of
not less than 120 days or more than 180 days of intensive
supervised community reintegration in the juvenile's local
community. To place or commit a juvenile under this subdivision,
the court shall determine all of the following:
(i) Placement in a juvenile boot camp will benefit the
juvenile.
(ii) The juvenile is physically able to participate in the
program.
(iii) The juvenile does not appear to have any mental handicap
that would prevent participation in the program.
(iv) The juvenile will not be a danger to other juveniles in
the boot camp.
(v) There is an opening in a juvenile boot camp program.
(vi) If the court must commit the juvenile to a county juvenile
agency, the county juvenile agency is able to place the juvenile in
a juvenile boot camp program.
(m) If the court entered a judgment of conviction under
section 2d of this chapter, enter any disposition under this
section or, if the court determines that the best interests of the
public would be served, impose any sentence upon the juvenile that
could be imposed upon an adult convicted of the offense for which
the juvenile was convicted. If the juvenile is convicted of a
violation or conspiracy to commit a violation of section
7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7403,
the court may impose the alternative sentence permitted under that
section if the court determines that the best interests of the
public would be served. The court may delay imposing a sentence of
imprisonment under this subdivision for a period not longer than
the period during which the court has jurisdiction over the
juvenile under this chapter by entering an order of disposition
delaying imposition of sentence and placing the juvenile on
probation upon the terms and conditions it considers appropriate,
including any disposition under this section. If the court delays
imposing sentence under this section, section 18i of this chapter
applies. If the court imposes sentence, it shall enter a judgment
of sentence. If the court imposes a sentence of imprisonment, the
juvenile shall receive credit against the sentence for time served
before sentencing. In determining whether to enter an order of
disposition or impose a sentence under this subdivision, the court
shall consider all of the following factors, giving greater weight
to the seriousness of the offense and the juvenile's prior record:
(i) The seriousness of the offense in terms of community
protection, including, but not limited to, the existence of any
aggravating factors recognized by the sentencing guidelines, the
use of a firearm or other dangerous weapon, and the impact on any
victim.
(ii) The juvenile's culpability in committing the offense,
including, but not limited to, the level of the juvenile's
participation in planning and carrying out the offense and the
existence of any aggravating or mitigating factors recognized by
the sentencing guidelines.
(iii) The juvenile's prior record of delinquency including, but
not limited to, any record of detention, any police record, any
school record, or any other evidence indicating prior delinquent
behavior.
(iv) The juvenile's programming history, including, but not
limited to, the juvenile's past willingness to participate
meaningfully in available programming.
(v) The adequacy of the punishment or programming available in
the juvenile justice system.
(vi) The dispositional options available for the juvenile.
(2)
An Except as provided in
subsection (20), an order of
disposition placing a juvenile in or committing a juvenile to care
outside of the juvenile's own home and under state, county juvenile
agency, or court supervision shall contain a provision for
reimbursement by the juvenile, parent, guardian, or custodian to
the court for the cost of care or service. The order shall be
reasonable, taking into account both the income and resources of
the juvenile, parent, guardian, or custodian. The amount may be
based upon the guidelines and model schedule created under
subsection (6). If the juvenile is receiving an adoption support
subsidy under sections 115f to 115m of the social welfare act, 1939
PA 280, MCL 400.115f to 400.115m, the amount shall not exceed the
amount of the support subsidy. The reimbursement provision applies
during the entire period the juvenile remains in care outside of
the juvenile's own home and under state, county juvenile agency, or
court supervision, unless the juvenile is in the permanent custody
of the court. The court shall provide for the collection of all
amounts ordered to be reimbursed and the money collected shall be
accounted for and reported to the county board of commissioners.
Collections to cover delinquent accounts or to pay the balance due
on reimbursement orders may be made after a juvenile is released or
discharged from care outside the juvenile's own home and under
state, county juvenile agency, or court supervision. Twenty-five
percent of all amounts collected under an order entered under this
subsection shall be credited to the appropriate fund of the county
to offset the administrative cost of collections. The balance of
all amounts collected under an order entered under this subsection
shall be divided in the same ratio in which the county, state, and
federal government participate in the cost of care outside the
juvenile's own home and under state, county juvenile agency, or
court supervision. The court may also collect from the government
of the United States benefits paid for the cost of care of a court
ward. Money collected for juveniles placed by the court with or
committed to the department of human services or a county juvenile
agency shall be accounted for and reported on an individual
juvenile basis. In cases of delinquent accounts, the court may also
enter an order to intercept state or federal tax refunds of a
juvenile, parent, guardian, or custodian except if the parent,
guardian, or custodian was the victim of the offense from which the
delinquent account arose and initiate the necessary offset
proceedings in order to recover the cost of care or service. The
court shall send to the person who is the subject of the intercept
order advance written notice of the proposed offset. The notice
shall include notice of the opportunity to contest the offset on
the grounds that the intercept is not proper because of a mistake
of fact concerning the amount of the delinquency or the identity of
the person subject to the order. The court shall provide for the
prompt reimbursement of an amount withheld in error or an amount
found to exceed the delinquent amount.
(3) An order of disposition placing a juvenile in the
juvenile's own home under subsection (1)(b) may contain a provision
for reimbursement by the juvenile, parent, guardian, or custodian
to the court for the cost of service. If an order is entered under
this subsection, an amount due shall be determined and treated in
the same manner provided for an order entered under subsection (2).
(4) An order directed to a parent or a person other than the
juvenile is not effective and binding on the parent or other person
unless opportunity for hearing is given by issuance of summons or
notice as provided in sections 12 and 13 of this chapter and until
a copy of the order, bearing the seal of the court, is served on
the parent or other person as provided in section 13 of this
chapter.
(5)
If Except as provided in
subsection (20), if the court
appoints an attorney to represent a juvenile, parent, guardian, or
custodian, the court may require in an order entered under this
section that the juvenile, parent, guardian, or custodian reimburse
the court for attorney fees.
(6) The office of the state court administrator, under the
supervision and direction of the supreme court, shall create
guidelines that the court may use in determining the ability of the
juvenile, parent, guardian, or custodian to pay for care and any
costs of service ordered under subsection (2) or (3). The
guidelines shall take into account both the income and resources of
the juvenile, parent, guardian, or custodian.
(7)
If Except as provided in
subsection (20), if the court
finds that a juvenile comes under section 30 of this chapter, the
court shall order the juvenile or the juvenile's parent to pay
restitution as provided in sections 30 and 31 of this chapter and
in sections 44 and 45 of the crime victim's rights act, 1985 PA 87,
MCL 780.794 and 780.795.
(8) If the court imposes restitution as a condition of
probation, the court shall require the juvenile to do either of the
following as an additional condition of probation:
(a) Engage in community service or, with the victim's consent,
perform services for the victim.
(b) Seek and maintain paid employment and pay restitution to
the victim from the earnings of that employment.
(9) If the court finds that the juvenile is in intentional
default of the payment of restitution, a court may, as provided in
section 31 of this chapter, revoke or alter the terms and
conditions of probation for nonpayment of restitution. If a
juvenile who is ordered to engage in community service
intentionally refuses to perform the required community service,
the court may revoke or alter the terms and conditions of
probation.
(10) The court shall not enter an order of disposition for a
juvenile offense as defined in section 1a of 1925 PA 289, MCL
28.241a, or a judgment of sentence for a conviction until the court
has examined the court file and has determined that the juvenile's
fingerprints have been taken and forwarded as required by section 3
of 1925 PA 289, MCL 28.243, and as required by the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736. If a juvenile
has not had his or her fingerprints taken, the court shall do
either of the following:
(a) Order the juvenile to submit himself or herself to the
police agency that arrested or obtained the warrant for the
juvenile's arrest so the juvenile's fingerprints can be taken and
forwarded.
(b) Order the juvenile committed to the sheriff's custody for
taking and forwarding the juvenile's fingerprints.
(11) Upon final disposition, conviction, acquittal, or
dismissal of an offense within the court's jurisdiction under
section 2(a)(1) of this chapter, using forms approved by the state
court administrator, the clerk of the court entering the final
disposition, conviction, acquittal, or dismissal shall immediately
advise the department of state police of that final disposition,
conviction, acquittal, or dismissal as required by section 3 of
1925 PA 289, MCL 28.243. The report to the department of state
police shall include information as to the finding of the judge or
jury and a summary of the disposition or sentence imposed.
(12) If the court enters an order of disposition based on an
act that is a juvenile offense as defined in section 1 of 1989 PA
196, MCL 780.901, the court shall order the juvenile to pay the
assessment as provided in that act. If the court enters a judgment
of conviction under section 2d of this chapter for an offense that
is a felony, misdemeanor, or ordinance violation, the court shall
order the juvenile to pay the assessment as provided in that act.
(13) If the court has entered an order of disposition or a
judgment of conviction for a listed offense as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722, the
court, department of human services, or the county juvenile agency
shall register the juvenile or accept the juvenile's registration
as provided in the sex offenders registration act, 1994 PA 295, MCL
28.721 to 28.736.
(14) If the court enters an order of disposition placing a
juvenile in a juvenile boot camp program, or committing a juvenile
to a county juvenile agency for placement in a juvenile boot camp
program, and the court receives from the department of human
services a report that the juvenile has failed to perform
satisfactorily in the program, that the juvenile does not meet the
program's requirements or is medically unable to participate in the
program for more than 25 days, that there is no opening in a
juvenile boot camp program, or that the county juvenile agency is
unable to place the juvenile in a juvenile boot camp program, the
court shall release the juvenile from placement or commitment and
enter an alternative order of disposition. A juvenile shall not be
placed in a juvenile boot camp under an order of disposition more
than once, except that a juvenile returned to the court for a
medical condition, because there was no opening in a juvenile boot
camp program, or because the county juvenile agency was unable to
place the juvenile in a juvenile boot camp program may be placed
again in the juvenile boot camp program after the medical condition
is corrected, an opening becomes available, or the county juvenile
agency is able to place the juvenile.
(15) If the juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter for an offense other than a listed
offense as defined in section 2 of the sex offenders registration
act, 1994 PA 295, MCL 28.722, the court shall determine if the
offense is a violation of a law of this state or a local ordinance
of a municipality of this state that by its nature constitutes a
sexual offense against an individual who is less than 18 years of
age. If so, the order of disposition is for a listed offense as
defined in section 2 of the sex offenders registration act, 1994 PA
295, MCL 28.722, and the court shall include the basis for that
determination on the record and include the determination in the
order of disposition.
(16) The court shall not impose a sentence of imprisonment in
the county jail under subsection (1)(m) unless the present county
jail facility for the juvenile's imprisonment would meet all
requirements under federal law and regulations for housing
juveniles. The court shall not impose the sentence until it
consults with the sheriff to determine when the sentence will begin
to ensure that space will be available for the juvenile.
(17) In a proceeding under section 2(h) of this chapter, this
section only applies to a disposition for a violation of a personal
protection order and subsequent proceedings.
(18) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, the court shall order the juvenile
to pay costs as provided in section 18m of this chapter.
(19) A juvenile who has been ordered to pay the minimum state
cost as provided in section 18m of this chapter as a condition of
probation or supervision and who is not in willful default of the
payment of the minimum state cost may petition the court at any
time for a remission of the payment of any unpaid portion of the
minimum state cost. If the court determines that payment of the
amount due will impose a manifest hardship on the juvenile or his
or her immediate family, the court may remit all or part of the
amount of the minimum state cost due or modify the method of
payment.
(20) The court shall not order the juvenile's parent, or, if
the parent is married, the parent's spouse with whom the parent
resides, to pay reimbursement of costs or fees or to pay
restitution under this section if the parent is the victim of the
offense for which the reimbursement or restitution is ordered.
Sec. 30. (1) For purposes of this section and section 31:
(a) "Juvenile offense" means a violation by a juvenile of a
penal law of this state or a violation by a juvenile of an
ordinance of a local unit of government of this state punishable by
imprisonment or by a fine that is not a civil fine.
(b) "Victim" means an individual who suffers direct or
threatened physical, financial, or emotional harm as a result of
the commission of a juvenile offense. For purposes of subsections
(2), (3), (6), (8), (9), and (13), victim includes a sole
proprietorship, partnership, corporation, association, governmental
entity, or other legal entity that suffers direct physical or
financial harm as a result of the commission of a juvenile offense.
(2) Except as provided in subsection (8), at the dispositional
hearing for a juvenile offense, the court shall order, in addition
to or in lieu of any other disposition authorized by law, that the
juvenile make full restitution to any victim of the juvenile's
course of conduct that gives rise to the disposition or to the
victim's estate.
(3) If a juvenile offense results in damage to or loss or
destruction of property of a victim of the juvenile offense, or
results in the seizure or impoundment of property of a victim of
the juvenile offense, the order of restitution may require that the
juvenile do 1 or more of the following, as applicable:
(a) Return the property to the owner of the property or to a
person designated by the owner.
(b) If return of the property under subdivision (a) is
impossible, impractical, or inadequate, pay an amount equal to the
greater of subparagraph (i) or (ii), less the value, determined as
of the date the property is returned, of that property or any part
of the property that is returned:
(i) The value of the property on the date of the damage, loss,
or destruction.
(ii) The value of the property on the date of disposition.
(c) Pay the costs of the seizure or impoundment, or both.
(4) If a juvenile offense results in physical or psychological
injury to a victim, the order of restitution may require that the
juvenile do 1 or more of the following, as applicable:
(a) Pay an amount equal to the cost of actual medical and
related professional services and devices relating to physical and
psychological care.
(b) Pay an amount equal to the cost of actual physical and
occupational therapy and rehabilitation.
(c) Reimburse the victim or the victim's estate for after-tax
income loss suffered by the victim as a result of the juvenile
offense.
(d) Pay an amount equal to the cost of psychological and
medical treatment for members of the victim's family that has been
incurred as a result of the juvenile offense.
(e) Pay an amount equal to the costs of actual homemaking and
child care expenses incurred as a result of the juvenile offense.
(5) If a juvenile offense resulting in bodily injury also
results in the death of a victim, the order of restitution may
require that the juvenile pay an amount equal to the cost of actual
funeral and related services.
(6) If the victim or victim's estate consents, the order of
restitution may require that the juvenile make restitution in
services in lieu of money.
(7) If the victim is deceased, the court shall order that the
restitution be made to the victim's estate.
(8) The court shall order restitution to the crime victims
compensation board or to any individuals, partnerships,
corporations, associations, governmental entities, or any other
legal entities that have compensated the victim or victim's estate
for a loss incurred by the victim to the extent of the compensation
paid for that loss. The court shall also order restitution, for the
costs of services provided, to persons or entities that have
provided services to the victim as a result of the juvenile
offense. Services that are subject to restitution under this
subsection include, but are not limited to, shelter, food,
clothing,
and transportation. However, an An
order of restitution
shall require that all restitution to a victim or victim's estate
under the order be made before any restitution to any other person
or entity under that order is made. The court shall not order
restitution to be paid to a victim or victim's estate if the victim
or victim's estate has received or is to receive compensation for
that loss, and the court shall state on the record with specificity
the reasons for its actions. If an entity entitled to restitution
under this subsection for compensating the victim or the victim's
estate cannot or refuses to be reimbursed for that compensation,
the restitution paid for that entity shall be deposited by the
state treasurer in the crime victim's rights fund created under
section
4 of Act No. 196 of the Public Acts of 1989, being section
780.904
of the Michigan Compiled Laws, 1989
PA 196, MCL 780.904, or
its successor fund.
(9) Any amount paid to a victim or victim's estate under an
order of restitution shall be set off against any amount later
recovered as compensatory damages by the victim or the victim's
estate in any federal or state civil proceeding and shall reduce
the amount payable to a victim or a victim's estate by an award
from the crime victims compensation board made after an order of
restitution under this section.
(10) If not otherwise provided by the court under this
subsection,
restitution shall be made immediately. However, the The
court may require that the juvenile make restitution under this
section within a specified period or in specified installments.
(11) If the juvenile is placed on probation, any restitution
ordered under this section shall be a condition of that probation.
The court may revoke probation if the juvenile fails to comply with
the order and if the juvenile has not made a good faith effort to
comply with the order. In determining whether to revoke probation,
the court shall consider the juvenile's employment status, earning
ability, and financial resources, the willfulness of the juvenile's
failure to pay, and any other special circumstances that may have a
bearing on the juvenile's ability to pay.
(12) A juvenile who is required to pay restitution and who is
not in willful default of the payment of the restitution may at any
time petition the court to modify the method of payment. If the
court determines that payment under the order will impose a
manifest hardship on the juvenile or his or her immediate family,
the court may modify the method of payment.
(13) An order of restitution entered under this section
remains effective until it is satisfied in full. An order of
restitution is a judgment and lien against all property of the
individual ordered to pay restitution for the amount specified in
the order of restitution. The lien may be recorded as provided by
law. An order of restitution may be enforced by the prosecuting
attorney, a victim, a victim's estate, or any other person or
entity named in the order to receive the restitution in the same
manner as a judgment in a civil action or a lien.
(14) Notwithstanding any other provision of this section, a
juvenile shall not be detained for a violation of probation, or
otherwise, for failure to pay restitution as ordered under this
section unless the court determines that the juvenile has the
resources to pay the ordered restitution and has not made a good
faith effort to do so.
(15)
If Except as otherwise provided
in this subsection, if
the court determines that the juvenile is or will be unable to pay
all of the restitution ordered, after notice to the juvenile's
parent and an opportunity for the parent to be heard, the court may
order the parent or parents having supervisory responsibility for
the juvenile at the time of the acts upon which an order of
restitution is based to pay any portion of the restitution ordered
that is outstanding. The court shall not order the juvenile's
parent, or, if the parent is married, the parent's spouse with whom
the parent resides, to pay restitution under this section if that
parent was the victim of the juvenile offense for which restitution
is ordered. An order under this subsection does not relieve the
juvenile of his or her obligation to pay restitution, but the
amount owed by the juvenile shall be offset by any amount paid by
his or her parent. As used in this subsection, "parent" does not
include a foster parent.
(16) If the court orders a parent to pay restitution under
subsection (15), the court shall take into account the financial
resources of the parent and the burden that the payment of
restitution will impose, with due regard to any other moral or
legal financial obligations that the parent may have. If a parent
is required to pay restitution under subsection (15), the court
shall provide for payment to be made in specified installments and
within a specified period of time.
(17) A parent who has been ordered to pay restitution under
subsection (15) may petition the court for a modification of the
amount of restitution owed by the parent or for a cancellation of
any unpaid portion of the parent's obligation. The court shall
cancel all or part of the parent's obligation due if the court
determines that payment of the amount due will impose a manifest
hardship on the parent.
(18) In each case in which payment of restitution is ordered
as a condition of probation, the juvenile caseworker or probation
officer assigned to the case shall review the case not less than
twice yearly to ensure that restitution is being paid as ordered.
The final review shall be conducted not less than 60 days before
the expiration of the probationary period. If the juvenile
caseworker or probation officer determines the restitution is not
being paid as ordered, the juvenile caseworker or probation officer
shall file a written report of the violation with the court on a
form prescribed by the state court administrative office. The
report shall include a statement of the amount of the arrearage and
any reasons for the arrearage that are known by the juvenile
caseworker or probation officer. The juvenile caseworker or
probation officer shall immediately provide a copy of the report to
the prosecuting attorney. If a motion is filed or other proceedings
are initiated to enforce payment of restitution and the court
determines that restitution is not being paid or has not been paid
as ordered by the court, the court shall promptly take action
necessary to compel compliance.
(19) If the court determines that an individual who is ordered
to pay restitution under this section is remanded to the
jurisdiction of the department of corrections, the court shall
provide a copy of the order of restitution to the department of
corrections when the court determines that the individual is
remanded to the department's jurisdiction.
Sec. 31. (1) In determining the amount of restitution to order
under section 30 of this chapter, the court shall consider the
amount of the loss sustained by any victim as a result of the
juvenile offense. In determining whether to order the juvenile's
supervisory parent to pay restitution under section 30(15) of this
chapter, the court shall consider the financial resources of the
juvenile's supervisory parent and the other factors specified in
section 30(16) of this chapter. The court shall not order the
juvenile's parent, or, if the parent is married, the parent's
spouse with whom the parent resides, to pay restitution under this
section if that parent was the victim of the juvenile offense for
which restitution is ordered.
(2) The court may order the person preparing a report for the
purpose of disposition to obtain information pertaining to the
factors set forth in subsection (1). That person shall include the
information collected in the disposition report or in a separate
report, as the court directs.
(3) The court shall disclose to the juvenile, the juvenile's
supervisory parent, and the prosecuting attorney all portions of
the disposition or other report pertaining to the matters described
in subsection (1).
(4) Any dispute as to the proper amount or type of restitution
shall be resolved by the court by a preponderance of the evidence.
The burden of demonstrating the amount of the loss sustained by a
victim as a result of the juvenile offense shall be on the
prosecuting attorney. The burden of demonstrating the financial
resources of the juvenile's supervisory parent and the other
factors
specified in section 30(16) of this chapter shall be is on
the supervisory parent.
Enacting section 1. This amendatory act is retroactive and
applies to orders of restitution and orders to pay reimbursement of
costs or fees entered before the effective date of this amendatory
act.