Michigan Laws 712A.31 – Determining amount of restitution; factors in disposition report; disclosure of matters described in subsection (1); burden of demonstrating amount or type of restitution
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(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.
(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.
Terms Used In Michigan Laws 712A.31
- Court: means the family division of circuit court. See Michigan Laws 712A.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- juvenile: means a person who is less than 17 years of age who is the subject of a delinquency petition. See Michigan Laws 712A.1
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(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 on the supervisory parent.