17-14-5
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17-14-5.
(a)
It is declared to be the policy of this state to recognize that restitution is
consistent with the goal of rehabilitation of delinquent juveniles and to
provide restitution in such cases.
(b)
Notwithstanding any provision of Chapter 11 of Title 15, the juvenile courts
shall order restitution in any case involving delinquent juveniles in the same
manner as is authorized by this article for adult offenders.
(c)
For purposes of ensuring compliance with the restitution order, the juvenile
courts are authorized to retain jurisdiction over a juvenile subject to such
restitution order until the juvenile reaches 21 years of age. If the juvenile
court retains jurisdiction of such offender as provided in this Code section and
the terms of the restitution order are not completed before the
offendeŕs
twenty-first birthday, the juvenile court shall transfer the restitution order
to the superior court.
(d)
As an alternative to subsection (c) of this Code section, the juvenile courts
are authorized to transfer to the superior courts, and the superior courts are
authorized to accept, jurisdiction over enforcement of restitution orders
against juveniles who, since entry of the order, have attained 18 years of age.
(e)
If the court determines that a juvenile is or will be unable to pay all of the
restitution ordered, after notice to the
juvenilés
parent or parents and an opportunity for the parent or parents to be heard, the
court may order the parent or parents to pay any portion of the restitution
ordered that is outstanding where the court or a jury finds by clear and
convincing evidence that the parent or parents knew or should have known of the
juvenilés
propensity to commit such acts and the acts are due to the
parent́s
or
parentś
negligence or reckless disregard for the
juvenilés
propensity to commit such acts. Upon the eighteenth birthday of the juvenile,
the parental obligation to pay restitution shall be terminated.
(f)
If the court orders a parent to pay restitution under subsection (e) of this
Code section, the court shall take into account the considerations identified in
Code Section 17-14-10. If the parent or parents are required to pay restitution
under subsection (e) of this Code section, the court shall provide for payment
to be made in specified installments and within a specified period of time.