Family Court Act, Article 3, Juvenile Delinquency Part 5, § 353.6: Restitution
A juvenile delinquency case has two main parts: the fact-finding hearing and the dispositional hearing. The fact-finding is the stage during which the government, referred to as the presentment agency, presents evidence to a Family Court judge in an attempt to prove that the minor, referred to as the respondent, committed acts that if committed by an adult would amount to a crime. Should the Family Court judge conclude that by a preponderance of evidence the minor did in fact commit those acts, the next step is the dispositional hearing. The dispositional hearing is comparable to the sentencing phase of a criminal case. It involves the Family Court judge making a determination as to how the case should be resolved now that the minor was determined to have committed delinquent acts. One such disposition is for the Family Court order the minor to pay restitution to the victim.
Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.6, following a disposition hearing a Family Court judge may issue an order of disposition that involves a conditional discharge, probation, or placement. For minors who are over the age of 10, a condition of such order may be the payment of restitution to the victim of his or her delinquent acts. The amount of restitution would be the fair and reasonable replacement or repair cost of property taken, damaged or destroyed, or the cost of unreimbursed medical expenses. The amount of restitution may not exceed $1500 regardless of the amount of loss the victim suffered.
It is important to understand an order of to pay restitution under Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.6, is directed toward the minor and not to his or her parents or guardian.Example
Anthony R. was alleged to have committed acts which, were he an adult, would constitute several crimes including robbery in the second degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree. The charges were based on taking an i-Pod Touch and case from another person. After a fact-finding hearing the court concluded that there was sufficient proof that Anthony R. did indeed commit the acts alleged in the petition. At the dispositional hearing the Court entered an order of disposition placing Anthony R. on probation for 18 months and requiring him to serve 300 hours of community service. As a condition of probation, Anthony R. was also required to pay restitution in the amount of $350.00. In the Matter of Anthony R., 2008 NY Slip Op 52234 (N. Y. Fam. Ct., 2008)Related Statutory Provisions
- Order of disposition: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.2
- Order of protection: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.3
- Conditional discharge: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.1
- Placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.3
- Transfer of certain juvenile delinquents: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.4
- Designated felony acts; restrictive placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.5
- At the conclusion of the dispositional hearing in cases involving respondents over ten years of age the court may: (a) recommend as a condition of placement, or order as a condition of probation or conditional discharge, restitution in an amount representing a fair and reasonable cost to replace the property, repair the damage caused by the respondent or provide the victim with compensation for unreimbursed medical expenses, not, however, to exceed one thousand five hundred dollars. In the case of a placement, the court may recommend that the respondent pay out of his or her own funds or earnings the amount of replacement, damage or unreimbursed medical expenses, either in a lump sum or in periodic payments in amounts set by the agency with which he or she is placed, and in the case of probation or conditional discharge, the court may require that the respondent pay out of his or her own funds or earnings the amount of replacement, damage or unreimbursed medical expenses, 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 conditional discharge, 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 respondent.
- If the court recommends restitution or requires services for the public good in conjunction with an order of placement pursuant to § 353.3 or 353.5, the placement shall be made only to an authorized agency, including the division for youth, which has adopted rules and regulations for the supervision of such a program, which rules and regulations, except in the case of the division for youth, 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 respondent under the workers' compensation law as an employee of such agency, department, division 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.
- If the court requires restitution or services for the public good as a condition of probation or conditional discharge, 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. Upon the written notice submitted 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.
- The court, upon receipt of the reports provided for in subdivisions two and three may, on its own motion or the motion of the agency, probation service or the presentment agency, hold a hearing pursuant to § 355.1 to determine whether the dispositional order should be modified.
If your child is a respondent in a juvenile delinquency proceeding, it is important that he or she is represented by experienced counsel. Should your child be adjudicated to be a juvenile delinquent an order of disposition will be issued. Failure to follow the terms of that order may result in a revocation of the order. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing juvenile clients in New York Family Court as well as in criminal court who have been accused of committing misdemeanors and felonies. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those involved in juvenile delinquency matters in the following locations: