2006 New York Code - Restitution.



 
    §  758-a.  Restitution. 1. In cases involving acts of infants over ten
  and less than sixteen years of age, the court may
    (a) recommend as a condition of placement, or order as a condition  of
  probation or suspended judgment, restitution in an amount representing a
  fair  and  reasonable  cost to replace the property or repair the damage
  caused by the infant, not, however, to exceed one thousand  dollars.  In
  the case of a placement, the court may recommend that the infant pay out
  of his or her own funds or earnings the amount of replacement or damage,
  either  in  a  lump  sum  or  in periodic payments in amounts set by the
  agency with which he  is  placed,  and  in  the  case  of  probation  or
  suspended judgment, the court may require that the infant pay out of his
  or her own funds or earnings the amount of replacement or damage, 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  suspended
  judgment,  services  for  the public good, taking into consideration the
  age and physical condition of the infant.
    2. If the court recommends restitution or requires  services  for  the
  public  good  in  conjunction  with  an  order  of placement pursuant to
  section seven hundred fifty-six, the placement shall be made only to  an
  authorized  agency  which  has  adopted  rules  and  regulations for the
  supervision of such a program, which  rules  and  regulations  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 child under the workers' compensation law as an employee
  of such agency, department  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, unless the order provides otherwise.
    3. If the court requires restitution or services for the  public  good
  as a condition of probation or suspended judgment, 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,  unless  the  order  provides otherwise. Upon the written notice
  sent 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 subdivision
  two or three of this section may, on its own motion or the motion of any
  party or the agency, hold a hearing to determine whether  the  placement
  should be altered or modified.

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