§ 5235. Juvenile restitution

(a) Restitution shall be considered in every case in which a victim of a delinquent act has suffered a material loss. For purposes of this section, "material loss" means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.

(b) When ordered, restitution may include:

(1) return of property wrongfully taken from the victim;

(2) cash, credit card, or installment payments paid to the Restitution Unit; and

(3) payments in kind, if acceptable to the victim.

(c) In awarding restitution, the Court shall make findings in accordance with subdivision 5262(b)(2) of this title.

(d) If restitution is ordered, the victim shall be entitled to payment from the Crime Victims' Restitution Fund, pursuant to 13 V.S.A. § 5363. An order of restitution shall establish the amount of material loss incurred by the victim, which shall be the restitution judgment order. Every order of restitution shall include:

(1) the juvenile's name and address;

(2) the name of the victim;

(3) the amount ordered; and

(4) any co-defendant names if applicable.

(e) In the event the juvenile is unable to pay the restitution judgment order at the time of disposition, the Court shall fix the amount thereof, which shall not exceed an amount the juvenile can or will be able to pay, and shall fix the manner of performance or refer to a restorative justice program that will address how loss resulting from the delinquency will be addressed, subject to modification under section 5264 of this title.

(f) The Court shall transmit a copy of a restitution order to the Restitution Unit, which shall make payment to the victim in accordance with 13 V.S.A. § 5363.

(g) To the extent that the Victims' Compensation Board has made payment to or on behalf of the victim in accordance with 13 V.S.A. chapter 167, restitution, if imposed, shall be paid to the Restitution Unit, which shall make payment to the Crime Victims' Compensation Fund.

(h) When restitution is requested but not ordered, the Court shall set forth on the record its reasons for not ordering restitution.

(i) Any information concerning restitution payments made by a juvenile shall be available to the Vermont Restitution Unit for purposes of determining restitution obligations of adult and juvenile co-defendants.

(j) In accordance with 13 V.S.A. § 5363, the Restitution Unit is authorized to make payments to victims of delinquent acts where restitution was ordered by a court prior to July 1, 2008, and the order was first entered on or after July 1, 2004.

(k)(1) The Restitution Unit may bring an action to enforce a restitution order issued under this section in the Superior or Small Claims Court of the county where the offender resides or in the county where the order was issued. In an action under this subsection, a restitution order issued in a juvenile proceeding shall be enforceable in Superior or Small Claims Court in the same manner as a civil judgment. Superior and Small Claims Court filing fees shall be waived for an action under this subsection, and for an action to renew a restitution judgment.

(2) An action under this subsection may be brought only after the offender reaches 18 years of age, and shall not be subject to any limitations period.

(3) For purposes of this subsection, a restitution order issued in a juvenile proceeding shall not be confidential. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)