2006 New York Code - Restitution.



 
    §  353.6.  Restitution.  1.  At  the  conclusion  of the dispositional
  hearing in cases involving respondents over ten years of age  the  court
  may:
    (a)  recommend as a condition of placement, or order as a condition of
  probation  or  conditional   discharge,   restitution   in   an   amount
  representing  a fair and reasonable cost to replace the property, repair
  the  damage  caused  by  the  respondent  or  provide  the  victim  with
  compensation  for unreimbursed medical expenses, not, however, to exceed
  one thousand five hundred dollars. In the case of a placement, the court
  may recommend that the respondent pay out of his or  her  own  funds  or
  earnings  the  amount  of  replacement,  damage  or unreimbursed medical
  expenses, either in a lump sum or in periodic payments in amounts set by
  the agency with which he or she is placed, and in the case of  probation
  or  conditional discharge, the court may require that the respondent pay
  out of his or her own funds  or  earnings  the  amount  of  replacement,
  damage  or  unreimbursed  medical  expenses,  either in a lump sum or in
  periodic payments in amounts set by the court; and/or
    (b) order as  a  condition  of  placement,  probation  or  conditional
  discharge,  services  for the public good, taking into consideration the
  age and physical condition of the respondent.
    2. If the court recommends restitution or requires  services  for  the
  public  good  in  conjunction  with  an  order  of placement pursuant to
  section 353.3  or  353.5,  the  placement  shall  be  made  only  to  an
  authorized  agency,  including the division for youth, which has adopted
  rules and regulations for the supervision of such a program, which rules
  and regulations, except in the case of the division for youth, shall  be
  subject to the approval of the state department of social services. Such
  rules  and  regulations shall include, but not be limited to provisions:
  (i) assuring that the conditions of  work,  including  wages,  meet  the
  standards  therefor prescribed pursuant to the labor law; (ii) affording
  coverage to the respondent under the workers'  compensation  law  as  an
  employee  of  such  agency,  department,  division or institution; (iii)
  assuring that the entity receiving such services shall not  utilize  the
  same to replace its regular employees; and (iv) providing for reports to
  the court not less frequently than every six months.
    3.  If  the court requires restitution or services for the public good
  as a condition of probation or conditional discharge, it  shall  provide
  that  an agency or person supervise the restitution or services and that
  such agency or person report to the court not less frequently than every
  six months. Upon the written notice submitted by a  school  district  to
  the  court  and  the  appropriate  probation  department or agency which
  submits probation recommendations or reports to the court, the court may
  provide that such school district shall  supervise  the  performance  of
  services for the public good.
    4. The court, upon receipt of the reports provided for in subdivisions
  two  and  three  may,  on  its  own  motion or the motion of the agency,
  probation service or the presentment agency, hold a hearing pursuant  to
  section  355.1  to  determine  whether the dispositional order should be
  modified.

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