§ 15 §3314-C — Juvenile restitution

Maine § 15 §3314-C

• Jurisdiction: Maine
• Title 15: COURT PROCEDURE -- CRIMINAL
• Part 6: MAINE JUVENILE CODE
• Ch. 507: PETITION, ADJUDICATION AND DISPOSITION

Text

1.
Definitions.
Terms used in this section have the same meaning as in Title 17‑A, section 2002, unless otherwise indicated.
2.
Mandatory consideration of restitution.
This subsection applies to the mandatory consideration of restitution.
3.
Criteria for juvenile restitution.
The criteria for ordering restitution to be paid by a juvenile are as follows.
4.
Authorized claimants.
A court's order directing a juvenile to pay restitution is authorized only for:
5.
Burdens of proof.
At a hearing on a juvenile's capacity to pay restitution, there exists a rebuttable presumption that a juvenile who has not attained 16 years of age lacks the capacity to pay restitution. The State has the burden to rebut that presumption by a preponderance of the evidence. At a hearing in which a juvenile who has attained 16 years of age asserts a present or future incapacity to pay restitution, the juvenile has the burden of proving the incapacity to pay restitution by a preponderance of the evidence. On appeal of a restitution order, as part of a juvenile disposition, the juvenile has the burden of demonstrating that the court abused its discretion in ordering an amount of restitution.
6.
Modification of orders on juvenile restitution.
This subsection governs the modification of juvenile restitution orders.
7.
Enforcement of an order of juvenile restitution.
Notwithstanding section 3314, subsection 7, to enforce an order of restitution upon a finding that the juvenile has inexcusably failed to comply with the order, the court may not order confinement as a remedial or punitive contempt sanction unless the juvenile has in fact attained 16 years of age. Upon a motion by the State to enforce the payment of restitution, the court may order, in addition to other remedial or punitive contempt sanctions for an inexcusable failure to pay restitution, that a juvenile complete court-approved community service at an hourly rate set by the court that may be no less than the minimum wage established in Title 26, section 664.
8.
Payment and collection of restitution.
Payment of restitution by and collection of restitution from a juvenile must be in accordance with Title 17‑A, sections 2006, 2007, 2008, 2009, 2011, 2012, 2013, 2016, 2017 and 2018.

Legislative History

PL 2019, c. 474, §4 (NEW). PL 2023, c. 136, §6 (AMD).