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Session Laws, 1982
Volume 742, Page 2841   View pdf image
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HARRY HUGHES, Governor                                  2841

reasonable opportunity to be heard and to present

appropriate evidence in his behalf. A hearing under this

section may be held as part of an adjudicatory or
disposition hearing for the child.

[(e) The judgment may be enforced in the same manner
as enforcing monetary judgments.]

(D)(1) IF COMPLETE RESTITUTION IS NOT MADE WHEN THE
JUDGMENT IS ENTERED, RESTITUTION SHALL BE MADE BY THE CHILD
OR PARENT TO THE JUVENILE SERVICES ADMINISTRATION OF THE
COUNTY IN WHICH THE CHILD WAS ADJUDICATED DELINQUENT UNDER
TERMS AND CONDITIONS OF THE ORDER FOR RESTITUTION.

(2) THE JUVENILE SERVICES ADMINISTRATION SHALL
KEEP RECORDS OF ANY PAYMENTS OR RETURN OF PROPERTY IN
SATISFACTION OF THE ORDER.

(3) THE JUVENILE SERVICES ADMINISTRATION SHALL
FORWARD ANY PROPERTY OR PAYMENTS TO THE VICTIM OF THE CRIME,
EXCEPT THAT, IF THE PAYMENTS ARE MADE FOR MEDICAL EXPENSES
THAT WERE PAID BY THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE OR ANOTHER GOVERNMENTAL ENTITY, THE PAYMENTS SHALL
BE FORWARDED TO THE DEPARTMENT OR GOVERNMENTAL ENTITY.

(4) THE JUVENILE SERVICES ADMINISTRATION MAY
ASSESS ADDITIONAL FEES NOT TO EXCEED 2 PERCENT OF THE AMOUNT
OF THE ORDER TO PAY FOR ADMINISTRATION COSTS OF COLLECTING
PAYMENTS OR PROPERTY. THESE FEES SHALL BE PAID BY THE CHILD
OR PARENT.

(E)(1) IF THE CHILD OR PARENT FAILS TO MAKE

RESTITUTION AS ORDERED, JUVENILE SERVICES ADMINISTRATION
SHALL NOTIFY THE COURT.

(2) THE COURT MAY HOLD A HEARING TO DETERMINE IF

THE CHILD OR PARENT IS IN CONTEMPT OF COURT.

(F)(1) AN ORDER OF RESTITUTION DOES NOT PRECLUDE THE
OWNER OF THE PROPERTY OR THE VICTIM WHO SUFFERED PERSONAL
PHYSICAL OR MENTAL INJURY OR OUT OF POCKET LOSS OF EARNINGS
OR SUPPORT FROM PROCEEDING IN A CIVIL ACTION TO RECOVER
DAMAGES FROM THE CHILD OR PARENT.

(2) A CIVIL VERDICT SHALL BE REDUCED BY THE
AMOUNT PAID UNDER THE CRIMINAL RESTITUTION ORDER.

(F) THE JUVENILE SERVICES ADMINISTRATION IS
RESPONSIBLE FOR THE COLLECTION OF RESTITUTION PAYMENTS WHEN
THE RESTITUTION ORDER PROVIDES THAT RESTITUTION IS TO BE
MADE IN PERIODIC OR INSTALLMENT PAYMENTS, AS PART OF
PROBATION, OR PURSUANT TO A WORK PLAN.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

 

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Session Laws, 1982
Volume 742, Page 2841   View pdf image
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