§ 80-6-710 — Determination of restitution -- Requirements.

(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:

(1)(a) material loss caused by an offense listed in the petition; or
(1)(b) conduct for which the minor agrees to make restitution.
(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:

(3)(a) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket loss;
(3)(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;
(3)(c) if available, the victim's proof of identification, including the victim's date of birth, social security number, or driver license number; and
(3)(d) the victim's contact information, including the victim's current home and work address and telephone number.
(4) (4)(a) A prosecuting attorney, or a victim's attorney, shall make a request for an order for restitution in the juvenile court:
(4)(a)(i) if feasible, at the time of disposition; or
(4)(a)(ii) within 90 days after disposition.
(4)(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.
(4)(c) A written request for an order for restitution under Subsection (4)(a) shall be served on all parties to the minor's case.
(5) In an order for restitution under Subsection (1), the juvenile court:

(5)(a) shall only order restitution for the victim's material loss;
(5)(b) may not order restitution if the juvenile court finds that the minor is unable to pay or acquire the means to pay;
(5)(c) shall take into account:
(5)(c)(i) the minor's ability to satisfy the restitution order within six months from the day on which restitution is ordered; or
(5)(c)(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;
(5)(d) shall credit any amount paid by the minor to the victim in a civil suit against restitution owed by the minor; and
(5)(e) shall credit any amount paid to the victim in restitution against liability in a civil suit.
(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) (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.
(7)(b) If a minor is returned to this state in accordance with Part 11, Interstate Compact for Juveniles, the juvenile court may order the minor to make restitution for costs expended by any governmental entity for the return of the minor.

Legislative History

Amended by Chapter 256, 2023 General Session