WILLIAM DONALD SCHAEFER, Governor Ch. 686
(i) As to property stolen [or], destroyed,
converted, or unlawfully obtained, the lesser of the fair market
value of the property or $5,000;
(ii) As to property damaged, or substantially
decreased in value, the lesser of the amount of damage or the
decrease in value of the property not to exceed the fair market
value of the property or $5,000; and
(iii) As to personal injuries inflicted, the
lesser of the [reasonable] ACTUAL medical, dental, hospital,
funeral, and burial expenses incurred by the injured person as a
result of the injury or $5,000.
(2) As an absolute limit against any one child [or],
his parents, or both, a judgment rendered under this section may
not exceed $5,000 for all acts arising out of a single incident.
(d) (1) A restitution hearing to determine the liability of
a parent [or], a child, or both, shall be held not later than 30
days after the disposition hearing and may be extended by the
court for good cause.
(2) (I) IN A RESTITUTION HEARING HELP UNDER THIS
SECTION, A WRITTEN STATEMENT OR BILL FOR MEDICAL, DENTAL,
HOSPITAL, FUNERAL, OR BURIAL EXPENSES SHALL BE PRIMA FACIE
EVIDENCE THAT THE AMOUNT INDICATED ON THE WRITTEN STATEMENT OR
BILL REPRESENTS A FAIR AND REASONABLE CHARGE FOR THE SERVICES OR
MATERIALS PROVIDED.--------------------------------------------------
(II) THE BURDEN OF PROVING THAT THE AMOUNT
INDICATED ON THE WRITTEN STATEMENT OR BILL IS NOT FAIR AND
REASONABLE SHALL BE ON THE PERSON CHALLENGING THE FAIRNESS AND
REASONABLENESS OF THE AMOUNT.---------------------------------------
(e) A judgment of restitution against a parent may not be
entered unless the parent has been afforded a 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.
(f) The judgment may be enforced in the same manner as
enforcing monetary judgments.
(g) The Juvenile Services Agency 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, 1988.
- 4571 -
|