(3) Unless the child's delinquent act or juvenile traffic | 43 |
offense would be a minor misdemeanor if committed by an adult or | 44 |
could be disposed of by the juvenile traffic violations bureau | 45 |
serving the court under Traffic Rule 13.1 if the court has | 46 |
established a juvenile traffic violations bureau, require the | 47 |
child to make restitution to the victim of
the
child's delinquent | 48 |
act or juvenile traffic offense or, if the victim is deceased, to | 49 |
a
survivor of
the victim in an amount based upon the victim's | 50 |
economic loss caused by
or related to the delinquent act or | 51 |
juvenile traffic offense.
The court may not require a child to | 52 |
make restitution pursuant to this division if the child's | 53 |
delinquent act or juvenile traffic offense would be a minor | 54 |
misdemeanor if committed by an adult or could be disposed of by | 55 |
the juvenile traffic violations bureau serving the court under | 56 |
Traffic Rule 13.1 if the court has established a juvenile traffic | 57 |
violations bureau. If the court requires restitution under this | 58 |
division, the restitution shall be made directly to
the victim in | 59 |
open court or to
the probation department that
serves the | 60 |
jurisdiction or the clerk
of courts on behalf of the
victim. | 61 |
If the court requires restitution under this division, the | 62 |
restitution may be in the form
of a
cash reimbursement paid in a | 63 |
lump sum or in installments, the
performance of repair work to | 64 |
restore any damaged property to its
original condition, the | 65 |
performance of a reasonable amount of
labor for the victim or | 66 |
survivor of the victim, the performance of
community service work, | 67 |
any other form of restitution devised by
the court, or any | 68 |
combination of the previously described forms of
restitution. | 69 |
If the court requires restitution under this division, the | 70 |
court may base the restitution order
on an
amount recommended by | 71 |
the victim or survivor of the victim,
the
delinquent child, the | 72 |
juvenile traffic offender, a presentence investigation report, | 73 |
estimates or
receipts indicating the cost of repairing or | 74 |
replacing property, and any
other information, provided that the | 75 |
amount the court orders as restitution shall not exceed the amount | 76 |
of the economic loss suffered by the victim as a direct and | 77 |
proximate result of the delinquent act or juvenile traffic | 78 |
offense. If the court decides to order restitution under this | 79 |
division and the amount of
the restitution is disputed
by the | 80 |
victim or survivor or by the
delinquent child or juvenile traffic | 81 |
offender, the court
shall hold a hearing on the
restitution. If | 82 |
the court requires restitution under this division, the court | 83 |
shall
determine, or order the
determination of, the amount of | 84 |
restitution to be paid by the
delinquent child or juvenile traffic | 85 |
offender. All restitution
payments shall be credited
against any | 86 |
recovery of economic loss
in a civil action brought by
or on | 87 |
behalf of the victim against
the delinquent child or juvenile | 88 |
traffic offender or the
delinquent child's or juvenile traffic | 89 |
offender's parent, guardian,
or other custodian. | 90 |
(b) All or part of the costs of confinement in a residential | 109 |
facility described in section 2152.19 of the Revised Code or in a | 110 |
department of youth services institution, including, but not | 111 |
limited to, a per
diem fee for room and board, the costs of | 112 |
medical and
dental treatment provided, and the costs of repairing | 113 |
property the
delinquent child damaged while so confined. The | 114 |
amount of
reimbursement ordered for a child under this division | 115 |
shall not
exceed the total amount of
reimbursement the child is | 116 |
able to pay as determined at a hearing and shall
not exceed the | 117 |
actual cost of the confinement. The court may collect any | 118 |
reimbursement ordered under this division. If the court
does not | 119 |
order reimbursement under this division, confinement
costs may be | 120 |
assessed pursuant to a repayment policy adopted under
section | 121 |
2929.37 of the Revised Code and
division
(D)
of section 307.93, | 122 |
division
(A) of section
341.19, division
(C) of
section
341.23
or | 123 |
753.16, division (C) of section 2301.56, or
division
(B) of | 124 |
section
341.14, 753.02,
753.04,
or
2947.19 of the
Revised Code. | 125 |
(3) Sections 2923.44 to 2923.47 of the Revised Code
apply to | 130 |
children who are adjudicated or could be adjudicated by a juvenile | 131 |
court to be delinquent children for an act in violation of section | 132 |
2923.42 of
the Revised Code. Subject to division (B) of
section | 133 |
2923.44 and division (E) of section 2923.45 of the
Revised Code, a | 134 |
delinquent child of that nature loses any right to
the possession | 135 |
of, and forfeits to the state any right, title, and interest
that | 136 |
the
delinquent child may have in, property as defined in section | 137 |
2923.41 of the Revised Code and
further described in section | 138 |
2923.44
or 2923.45 of the Revised Code. | 139 |
(D) If a child who is adjudicated a delinquent child is | 142 |
indigent,
the court shall consider imposing a term of community | 143 |
service under
division (A) of section 2152.19 of the Revised Code | 144 |
in
lieu of imposing a financial sanction under this section. If a | 145 |
child who is
adjudicated a delinquent child is not indigent, the | 146 |
court may impose a term of
community service under that division | 147 |
in lieu of, or in addition
to, imposing a financial sanction under | 148 |
this section. The court
may order community service for an act | 149 |
that if committed by an
adult would be a minor misdemeanor. | 150 |
(2) Permit payment of all, or any portion of, the financial | 161 |
sanction in installments, by credit or debit card, by another type | 162 |
of
electronic transfer, or by any other reasonable method, within | 163 |
any
period of time, and on any terms that the court considers | 164 |
just,
except that the maximum time permitted for payment shall not | 165 |
exceed five years. The clerk may pay any fee associated with | 166 |
processing an electronic transfer out of public money and may | 167 |
charge the fee
to
the delinquent child. | 168 |
Section 4. This act is hereby declared to be an emergency | 176 |
measure necessary for the immediate preservation of the public | 177 |
peace, health, and safety. The reason for such necessity is that | 178 |
it is crucial that this act's elimination of the unnecessary and | 179 |
inconsistent language occur on July 1, 2007, which is the | 180 |
effective date of Sub. H.B. 241 of the 126th General Assembly. | 181 |
Therefore, this act shall go into immediate effect. | 182 |