| (1) |
If a minor is adjudicated under Section 80-6-701, the juvenile court may order the minor to repair, replace, or otherwise make restitution for:
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Terms Used In Utah Code 80-6-710- Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 80-6-102
- Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. See Utah Code 80-1-102
- 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.
- Material loss: means an uninsured:
| (b) | out-of-pocket monetary loss for property that is stolen, damaged, or destroyed; |
| (c) | lost wages because of an injury, time spent as a witness, or time spent assisting the police or prosecution; or |
| (d) | medical expense. See Utah Code 80-6-102- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
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| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
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| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Prosecuting attorney: means :
| (a) | the attorney general and any assistant attorney general; |
| (b) | any district attorney or deputy district attorney; |
| (c) | any county attorney or assistant county attorney; and |
| (d) | any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102- Restitution: means money or services that the juvenile court, or a juvenile probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to a victim for the minor's wrongful act or conduct. See Utah Code 80-6-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Victim: includes :
| (i) | any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and |
| (ii) | the Utah Office for Victims of Crime. See Utah Code 80-6-102 |
| (a) |
material loss caused by an offense listed in the petition; or |
| (b) |
conduct for which the minor agrees to make restitution. |
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| (2) |
Within seven days after the day on which a petition is filed under this chapter, the prosecuting attorney or a juvenile probation officer shall provide notification of the restitution process to all reasonably identifiable and locatable victims of an offense listed in the petition. |
| (3) |
A victim that receives notice under Subsection (2) is responsible for providing the prosecuting attorney with:
| (a) |
all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket loss; |
| (b) |
all documentation of any compensation or reimbursement from an insurance company or a local, state, or federal agency that is related to the injury or out-of-pocket loss; |
| (c) |
if available, the victim’s proof of identification, including the victim’s date of birth, social security number, or driver license number; and |
| (d) |
the victim’s contact information, including the victim’s current home and work address and telephone number. |
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| (4) |
| (a) |
A prosecuting attorney, or a victim’s attorney, shall make a request for an order for restitution in the juvenile court:
| (i) |
if feasible, at the time of disposition; or |
| (ii) |
within 90 days after disposition. |
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| (b) |
If a prosecuting attorney’s request for restitution includes an amount that is less than the amount requested by the victim, the prosecuting attorney shall include a copy of the victim’s request with the prosecuting attorney’s request. |
| (c) |
A written request for an order for restitution under Subsection (4)(a) shall be served on all parties to the minor’s case. |
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| (5) |
In an order for restitution under Subsection (1), the juvenile court:
| (a) |
shall only order restitution for the victim’s material loss; |
| (b) |
may not order restitution if the juvenile court finds that the minor is unable to pay or acquire the means to pay; |
| (c) |
shall take into account:
| (i) |
the minor’s ability to satisfy the restitution order within six months from the day on which restitution is ordered; or |
| (ii) |
if the minor participates in a restorative justice program under Subsection (6), the amount or conditions of restitution agreed upon by the minor and the victim of the adjudicated offense; |
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| (d) |
shall credit any amount paid by the minor to the victim in a civil suit against restitution owed by the minor; and |
| (e) |
shall credit any amount paid to the victim in restitution against liability in a civil suit. |
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| (6) |
If the minor and the victim of the adjudicated offense agree to participate, the juvenile court may refer the minor’s case to a restorative justice program, such as victim offender mediation, to address how loss resulting from the adjudicated offense may be addressed. |
| (7) |
| (a) |
The juvenile court may require a minor to reimburse an individual, entity, or governmental agency who offered and paid a reward to a person for providing information resulting in an adjudication of a minor for the commission of an offense. |
| (b) |
If a minor is returned to this state in accordance with 11, the juvenile court may order the minor to make restitution for costs expended by any governmental entity for the return of the minor. |
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Amended by Chapter 256, 2023 General Session
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