Ohio Code 2152.203 – Restitution
(A) As used in this section, “criminal offense” and “delinquent act” have the same meanings as in section 2930.01 of the Revised Code.
Terms Used In Ohio Code 2152.203
- Child: means a person who is under eighteen years of age, except as otherwise provided in divisions (C)(2) to (8) of this section. See Ohio Code 2152.02
- Delinquent child: includes any of the following:
(1) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made under this chapter, including a child who violates a court order regarding the child's prior adjudication as an unruly child for being an habitual truant;
(3) Any child who violates any lawful order of the court made under Chapter 2151 of the Revised Code other than an order issued under section 2151. See Ohio Code 2152.02
- Economic loss: means any economic detriment suffered by a victim of a delinquent act or juvenile traffic offense as a direct and proximate result of the delinquent act or juvenile traffic offense and includes any loss of income due to lost time at work because of any injury caused to the victim and any property loss, medical cost, or funeral expense incurred as a result of the delinquent act or juvenile traffic offense. See Ohio Code 2152.02
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile traffic offender: means any child who violates any traffic law, traffic ordinance, or traffic regulation of this state, the United States, or any political subdivision of this state, other than a resolution, ordinance, or regulation of a political subdivision of this state the violation of which is required to be handled by a parking violations bureau or a joint parking violations bureau pursuant to Chapter 4521 of the Revised Code. See Ohio Code 2152.02
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: means the state of Ohio. See Ohio Code 1.59
(B) In determining the amount of restitution under this section, the court shall order full restitution for any expenses related to a victim’s economic loss due to the delinquent act. The amount of restitution shall be reduced by any payments to the victim for economic loss made or due under a policy of insurance or governmental program.
Economic loss includes, but is not limited to, the following:
(1) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of the property or the actual cost of repairing the property when repair is possible.
(2) Medical expenses;
(3) Mental health counseling expenses;
(4) Wages or profits lost due to injury or harm to the victim as determined by the court. Lost wages include commission income as well as base wages. Commission income shall be established by evidence of commission income during the twelve-month period prior to the date of the delinquent act for which restitution is being ordered, unless good cause for a shorter time period is shown.
(5) Expenses related to making a vehicle or residence accessible to the victim if the victim is partially permanently disabled or totally permanently disabled as a direct result of the delinquent act.
(C) Upon notification by the court, any money owed by the state or by a political subdivision of the state to a delinquent child or juvenile traffic offender who is required to make restitution under this section, including any tax refund owed to the child or offender, shall be assigned to the discharge of the child’s or offender’s outstanding restitution obligation, subject to any superseding federal statutes or regulations, including court-ordered support obligations.
(D) If a delinquent child or juvenile traffic offender is required to make restitution under this section in the form of monetary payments to more than one victim, the child or offender shall make the payments to the victims in the following order of priority:
(1) Individuals;
(2) Nonprofit organizations;
(3) Business entities;
(4) Governmental entities.
(E) A court that orders restitution as part of a delinquent child’s or juvenile traffic offender’s disposition under this section shall not suspend that part of the disposition if the victim or victim’s attorney, if applicable, objects to the restitution part of the disposition being suspended.
(F) A restitution obligation imposed by a court does not expire until paid in full. If an order remains unpaid in full, even if a period of community control expires or is otherwise terminated, a court order for restitution imposed under this section shall be reduced to a civil judgment in favor of the victim prior to the termination of the court’s jurisdiction upon the delinquent child’s or juvenile traffic offender’s attainment of twenty-one years of age. If the order is reduced to such a judgment, the person required to pay the restitution under the order is the judgment debtor. The court retains jurisdiction over the restitution order until the delinquent child or juvenile traffic offender attains twenty-one years of age and the civil judgment obligation continues to be enforceable by a victim, victim’s representative, or victim’s attorney, if applicable, until the obligation is satisfied. All civil actions to collect on the judgment after the child attains twenty-one years of age shall be filed in the county or municipal court of the child’s, offender’s, or victim’s residence.
(G) The supreme court shall create a standardized form to be made publicly available that provides guidance for victims and victims’ representatives regarding the compilation of evidence to demonstrate losses for the purpose of this section.
(H) On the request of the victim, if a judge determines that, under the circumstances, it is appropriate and the victim has not been coerced, a victim may accept a settlement that is less than the full restitution order.
Last updated March 9, 2023 at 5:10 PM