Juvenile convicts; payment of restitution. (HB587)

Introduced By

Sen. Dave Marsden (D-Burke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Restitution; juvenile. States that if the juvenile is under the age of 16, the court may not order restitution exceeding $2,500 and that in any case of juvenile restitution, the court may order the parents of the juvenile to pay. Read the Bill »


Bill Has Failed


01/08/2008Prefiled and ordered printed; offered 01/09/08 088118608
01/08/2008Referred to Committee for Courts of Justice
01/16/2008Assigned Courts sub: Criminal
02/08/2008Continued to 2009 in Courts of Justice


Liane Rozzell writes:

The provision allowing the court to order parents to pay restitution appears to be unconstitutional. It allows people to be fined without any due process (no finding of guilt or right of appeal). A juvenile being ordered to pay restitution is presumably being represented by an attorney in a court proceding that ensures their right to due process and appeal. The parent is not so represented in that same court proceeding. In fact, the attorney for the child has a responsibility to make clear that she or he represents the child's interests only, and not those of the parents.

This provision may have sprung from a concern for making the victim whole in cases where the juvenile offender doesn't have the financial means to do so. In that case, the victim has recourse to civil court proceedings in which he or she can demonstrate whether or not the parents bear some responsibility and should pay, and all parties can be represented and have their rights protected.