Restitution by Juvenile Delinquent; Retention of Jurisdiction to Enforce Order Against Juvenile After Attainment of Age 21; Transfer of Enforcement Jurisdiction; Parent's Obligation for Restitution

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Restitution and Distribution of Profits to Victims of Crimes
  5. Restitution
  6. Restitution by Juvenile Delinquent; Retention of Jurisdiction to Enforce Order Against Juvenile After Attainment of Age 21; Transfer of Enforcement Jurisdiction; Parent's Obligation for Restitution

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  1. It is declared to be the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases.
  2. Notwithstanding any provision of Chapter 11 of Title 15, the juvenile courts shall order restitution in any case involving delinquent juveniles in the same manner as is authorized by this article for adult offenders.
  3. For purposes of ensuring compliance with the restitution order, the juvenile courts are authorized to retain jurisdiction over a juvenile subject to such restitution order until the juvenile reaches 21 years of age. If the juvenile court retains jurisdiction of such offender as provided in this Code section and the terms of the restitution order are not completed before the offender's twenty-first birthday, the juvenile court shall transfer the restitution order to the superior court.
  4. As an alternative to subsection (c) of this Code section, the juvenile courts are authorized to transfer to the superior courts, and the superior courts are authorized to accept, jurisdiction over enforcement of restitution orders against juveniles who, since entry of the order, have attained 18 years of age.
  5. If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court or a jury finds by clear and convincing evidence that the parent or parents knew or should have known of the juvenile's propensity to commit such acts and the acts are due to the parent's or parents' negligence or reckless disregard for the juvenile's propensity to commit such acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated.
  6. If the court orders a parent to pay restitution under subsection (e) of this Code section, the court shall take into account the considerations identified in Code Section 17-14-10. If the parent or parents are required to pay restitution under subsection (e) of this Code section, the court shall provide for payment to be made in specified installments and within a specified period of time.

(Code 1933, § 27-3005, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)

Cross references.

- Disposition of delinquent or unruly child by order of juvenile court, §§ 15-11-35,15-11-36.

Editor's notes.

- Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"

JUDICIAL DECISIONS

Restitution properly ordered.

- Since the amount of medical expenses of a juvenile assault victim was undisputed based on the uncontradicted testimony of the victim in a disposition hearing, there was no error in ordering restitution. C.P. v. State, 167 Ga. App. 374, 306 S.E.2d 688 (1983).

O.C.G.A. § 17-14-5(b) expressly authorized restitution as a condition of the probation of a delinquent juvenile, and the nature and amount of restitution ordered, $ 4,968 in property damage caused by the juvenile's tampering with a sprinkler head, was supported by a preponderance of the evidence. In re W. J. F., 302 Ga. App. 361, 691 S.E.2d 271 (2010).

Extension of probation.

- Juvenile's argument on appeal that the juvenile court was not authorized to extend an order of probation for the purpose of payment of restitution, and in doing so, the court assumed a prosecutorial role, lacked merit given the language in O.C.G.A. § 15-11-70(b) and the state policy pronounced in O.C.G.A. § 17-14-5. In the Interest of C.S., 280 Ga. App. 781, 635 S.E.2d 176 (2006), overruled on other grounds, McCart v. State, 289 Ga. App. 830, 658 S.E.2d 465 (2008).

Cited in B.J.L. v. State, 173 Ga. App. 317, 326 S.E.2d 519 (1985).

RESEARCH REFERENCES

ALR.

- Jurisdiction or power of juvenile court to order parent of juvenile to make restitution for juvenile's offense, 66 A.L.R.4th 985.


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