§ 758-a. Restitution.
1.In cases involving acts of children over\ntwelve and less than eighteen years of age, the court may\n (a) recommend as a condition of placement, or order as a condition of\nprobation or suspended judgment, restitution in an amount representing a\nfair and reasonable cost to replace the property or repair the damage\ncaused by the child, not, however, to exceed one thousand dollars. The\ncourt may require that the child pay out of his or her own funds or\nearnings the amount of replacement or damage, either in a lump sum or in\nperiodic payments in amounts set by the court; and/or\n (b) order as a condition of placement, probation, or suspended\njudgment, services for the public good including in the case of a crime\ninvolving willful, malicious, or unlawful dam
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§ 758-a. Restitution. 1. In cases involving acts of children over\ntwelve and less than eighteen years of age, the court may\n (a) recommend as a condition of placement, or order as a condition of\nprobation or suspended judgment, restitution in an amount representing a\nfair and reasonable cost to replace the property or repair the damage\ncaused by the child, not, however, to exceed one thousand dollars. The\ncourt may require that the child pay out of his or her own funds or\nearnings the amount of replacement or damage, either in a lump sum or in\nperiodic payments in amounts set by the court; and/or\n (b) order as a condition of placement, probation, or suspended\njudgment, services for the public good including in the case of a crime\ninvolving willful, malicious, or unlawful damage or destruction to real\nor personal property maintained as a cemetery plot, grave, burial place,\nor other place of interment of human remains, services for the\nmaintenance and repair thereof, taking into consideration the age and\nphysical condition of the child.\n 2. If the court recommends restitution or requires services for the\npublic good in conjunction with an order of placement pursuant to\nsection seven hundred fifty-six, the placement shall be made only to an\nauthorized agency which has adopted rules and regulations for the\nsupervision of such a program, which rules and regulations shall be\nsubject to the approval of the state department of social services. Such\nrules and regulations shall include, but not be limited to provisions\n(i) assuring that the conditions of work, including wages, meet the\nstandards therefor prescribed pursuant to the labor law; (ii) affording\ncoverage to the child under the workers' compensation law as an employee\nof such agency, department or institution; (iii) assuring that the\nentity receiving such services shall not utilize the same to replace its\nregular employees; and (iv) providing for reports to the court not less\nfrequently than every six months, unless the order provides otherwise.\n 3. If the court requires restitution or services for the public good\nas a condition of probation or suspended judgment, it shall provide that\nan agency or person supervise the restitution or services and that such\nagency or person report to the court not less frequently than every six\nmonths, unless the order provides otherwise. Upon the written notice\nsent by a school district to the court and the appropriate probation\ndepartment or agency which submits probation recommendations or reports\nto the court, the court may provide that such school district shall\nsupervise the performance of services for the public good.\n 4. The court, upon receipt of the reports provided for in subdivision\ntwo of this section may, on its own motion or the motion of any party or\nthe agency, hold a hearing to determine whether the placement should be\naltered or modified.\n