Bill Text: MI SB0146 | 2009-2010 | 95th Legislature | Engrossed

Michigan Senate Bill 146 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Crime victims; restitution; recovery for replacement value if fair market value is impossible or impractical to ascertain; allow. Amends secs. 2, 16, 31, 44, 61 & 76 of 1985 PA 87 (MCL 780.752 et seq.). TIE BAR WITH: SB 0145'09

Spectrum: Slight Partisan Bill (Republican 8-3)

Status: (Passed) 2009-05-26 - Assigned Pa 0028'09 With Immediate Effect [SB0146 Detail]

Download: Michigan-2009-SB0146-Engrossed.html

SB-0146, As Passed House, April 30, 2009

SENATE BILL No. 146

January 29, 2009, Introduced by Senators CROPSEY, BARCIA, GARCIA, ANDERSON, KAHN, BIRKHOLZ, HARDIMAN, ALLEN, KUIPERS, GLEASON and BROWN and referred to the Committee on Judiciary.

A bill to amend 1985 PA 87, entitled

"William Van Regenmorter crime victim's rights act,"

by amending sections 2, 16, 31, 44, 61, and 76 (MCL 780.752,

780.766, 780.781, 780.794, 780.811, and 780.826), sections 2, 16,

44, and 76 as amended by 2005 PA 184 and sections 31 and 61 as

amended by 2006 PA 461.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) Except as otherwise defined in this article, as

used in this article:

(a) "County juvenile agency" means that term as defined in

section 2 of the county juvenile agency act, 1998 PA 518, MCL

45.622.

(b) "Crime" means a violation of a penal law of this state for

which the offender, upon conviction, may be punished by

imprisonment for more than 1 year or an offense expressly

designated by law as a felony.

described in section 2 of 1976 PA 223, MCL 18.352.

(d) ~~(c)~~ "Defendant" means a person charged with, convicted of,

or found not guilty by reason of insanity of committing a crime

against a victim.

(e) ~~(d)~~ "Facility", as used in sections 6, 13a, 19a, and 20

only, and not with reference to a juvenile facility, means that

term as defined in section 100b of the mental health code, 1974 PA

258, MCL 330.1100b.

(f) ~~(e)~~ "Final disposition" means the ultimate termination of

the criminal prosecution of a defendant including, but not limited

to, dismissal, acquittal, or imposition of sentence by the court.

(g) ~~(f)~~ "Juvenile" means a person within the jurisdiction of

the circuit court under section 606 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.606.

(h) ~~(g)~~ "Juvenile facility" means a county facility,

institution operated as an agency of the county or the family

division of circuit court, or an institution or agency described in

the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to

803.309, to which a juvenile has been committed or in which a

juvenile is detained.

(i) ~~(h)~~ "Hospital" means that term as defined in section 100b

of the mental health code, 1974 PA 258, MCL 330.1100b.

(j) ~~(i)~~ "Person" means an individual, organization,

partnership, corporation, or governmental entity.

(k) ~~(j)~~ "Prisoner" means a person who has been convicted and

sentenced to imprisonment or placement in a juvenile facility for

having committed a crime or an act that would be a crime if

committed by an adult against a victim.

(l) ~~(k)~~ "Prosecuting attorney" means the prosecuting attorney

for a county, an assistant prosecuting attorney for a county, the

attorney general, the deputy attorney general, an assistant

attorney general, or a special prosecuting attorney.

(m) (l) "Victim" means any of the following:

(i) An individual who suffers direct or threatened physical,

financial, or emotional harm as a result of the commission of a

crime, except as provided in subparagraph (ii), (iii), or (iv).

(ii) The following individuals other than the defendant if the

victim is deceased:

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of

age or older and sub-subparagraph (A) does not apply.

(B) do not apply.

(D) The guardian or custodian of a child of a deceased victim

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A)

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less

than 18 years of age and who is neither the defendant nor

incarcerated, if the parent, guardian, or custodian so chooses.

(iv) A parent, guardian, or custodian of a victim who is

mentally or emotionally unable to participate in the legal process

if he or she is neither the defendant nor incarcerated.

(2) If a victim as defined in subsection ~~(1)(~~l)(i)(1)(m)(i) is

physically or emotionally unable to exercise the privileges and

rights under this article, the victim may designate his or her

spouse, child 18 years of age or older, parent, sibling,

grandparent, or any other person 18 years of age or older who is

neither the defendant nor incarcerated to act in his or her place

while the physical or emotional disability continues. The victim

shall provide the prosecuting attorney with the name of the person

who is to act in his or her place. During the physical or emotional

disability, notices to be provided under this article to the victim

shall continue to be sent only to the victim.

(3) An individual who is charged with a crime arising out of

the same transaction from which the charge against the defendant

arose is not eligible to exercise the privileges and rights

established for victims under this article.

(4) An individual who is incarcerated is not eligible to

exercise the privileges and rights established for victims under

this article except that he or she may submit a written statement

to the court for consideration at sentencing.

Sec. 16. (1) As used in this section only, "victim" means an

individual who suffers direct or threatened physical, financial, or

emotional harm as a result of the commission of a crime. As used in

subsections (2), (3), (6), (8), (9), and (13) only, victim includes

a sole proprietorship, partnership, corporation, association,

governmental entity, or any other legal entity that suffers direct

physical or financial harm as a result of a crime.

(2) Except as provided in subsection (8), when sentencing a

defendant convicted of a crime, the court shall order, in addition

to or in lieu of any other penalty authorized by law or in addition

to any other penalty required by law, that the defendant make full

restitution to any victim of the defendant's course of conduct that

gives rise to the conviction or to the victim's estate. For an

offense that is resolved by assignment of the defendant to youthful

trainee status, by a delayed sentence or deferred judgment of

guilt, or in another way that is not an acquittal or unconditional

dismissal, the court shall order the restitution required under

this section.

(3) If a crime results in damage to or loss or destruction of

property of a victim of the crime or results in the seizure or

impoundment of property of a victim of the crime, the order of

restitution shall require that the defendant do 1 or more of the

following, as applicable:

(a) Return the property to the owner of the property or to a

person designated by the owner.

(b) If return of the property under subdivision (a) is

impossible, impractical, or inadequate, pay an amount equal to the

greater of subparagraph (i) or (ii), less the value, determined as of

the date the property is returned, of that property or any part of

the property that is returned:

(i) The fair market value of the property on the date of the

damage, loss, or destruction. However, if the fair market value of

the property cannot be determined or is impractical to ascertain,

then the replacement value of the property shall be utilized in

lieu of the fair market value.

(ii) The fair market value of the property on the date of

sentencing. However, if the fair market value of the property

cannot be determined or is impractical to ascertain, then the

replacement value of the property shall be utilized in lieu of the

fair market value.

(4) If a crime results in physical or psychological injury to

a victim, the order of restitution shall require that the defendant

do 1 or more of the following, as applicable:

(a) Pay an amount equal to the reasonably determined cost of

medical and related professional services and devices actually

incurred and reasonably expected to be incurred relating to

physical and psychological care.

(b) Pay an amount equal to the reasonably determined cost of

physical and occupational therapy and rehabilitation actually

incurred and reasonably expected to be incurred.

income loss suffered by the victim as a result of the crime.

(d) Pay an amount equal to the reasonably determined cost of

psychological and medical treatment for members of the victim's

family actually incurred and reasonably expected to be incurred as

a result of the crime.

(e) Pay an amount equal to the reasonably determined costs of

homemaking and child care expenses actually incurred and reasonably

expected to be incurred as a result of the crime or, if homemaking

or child care is provided without compensation by a relative,

friend, or any other person, an amount equal to the costs that

would reasonably be incurred as a result of the crime for that

homemaking and child care, based on the rates in the area for

comparable services.

(f) Pay an amount equal to the cost of actual funeral and

related services.

(g) If the deceased victim could be claimed as a dependent by

his or her parent or guardian on the parent's or guardian's

federal, state, or local income tax returns, pay an amount equal to

the loss of the tax deduction or tax credit. The amount of

reimbursement shall be estimated for each year the victim could

reasonably be claimed as a dependent.

(h) Pay an amount equal to income actually lost by the spouse,

parent, sibling, child, or grandparent of the victim because the

family member left his or her employment, temporarily or

permanently, to care for the victim because of the injury.

(5) If a crime resulting in bodily injury also results in the

death of a victim or serious impairment of a body function of a

victim, the court may order up to 3 times the amount of restitution

otherwise allowed under this section. As used in this subsection,

"serious impairment of a body function of a victim" includes, but

is not limited to, 1 or more of the following:

(a) Loss of a limb or use of a limb.

(b) Loss of a hand or foot or use of a hand or foot.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain damage or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of a body organ.

(6) If the victim or victim's estate consents, the order of

restitution may require that the defendant make restitution in

services in lieu of money.

(7) If the victim is deceased, the court shall order that the

restitution be made to the victim's estate.

(8) The court shall order restitution to the crime victim

services commission or to any individuals, partnerships,

corporations, associations, governmental entities, or other legal

entities that have compensated the victim or the victim's estate

for a loss incurred by the victim to the extent of the compensation

paid for that loss. The court shall also order restitution for the

costs of services provided to persons or entities that have

provided services to the victim as a result of the crime. Services

that are subject to restitution under this subsection include, but

are not limited to, shelter, food, clothing, and transportation.

However, an order of restitution shall require that all restitution

to a victim or victim's estate under the order be made before any

restitution to any other person or entity under that order is made.

The court shall not order restitution to be paid to a victim or

victim's estate if the victim or victim's estate has received or is

to receive compensation for that loss, and the court shall state on

the record with specificity the reasons for its action.

(9) Any amount paid to a victim or victim's estate under an

order of restitution shall be set off against any amount later

recovered as compensatory damages by the victim or the victim's

estate in any federal or state civil proceeding and shall reduce

the amount payable to a victim or a victim's estate by an award

from the crime victim services commission made after an order of

restitution under this section.

(10) If not otherwise provided by the court under this

subsection, restitution shall be made immediately. However, the

court may require that the defendant make restitution under this

section within a specified period or in specified installments.

(11) If the defendant is placed on probation or paroled or the

court imposes a conditional sentence as provided in section 3 of

chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.3, any restitution ordered under this section shall be a

condition of that probation, parole, or sentence. The court may

revoke probation or impose imprisonment under the conditional

sentence and the parole board may revoke parole if the defendant

fails to comply with the order and if the defendant has not made a

good faith effort to comply with the order. In determining whether

to revoke probation or parole or impose imprisonment, the court or

parole board shall consider the defendant's employment status,

earning ability, and financial resources, the willfulness of the

defendant's failure to pay, and any other special circumstances

that may have a bearing on the defendant's ability to pay.

(12) Subject to subsection (18), a defendant who is required

to pay restitution and who is not in willful default of the payment

of the restitution may at any time petition the sentencing judge or

his or her successor to modify the method of payment. If the court

determines that payment under the order will impose a manifest

hardship on the defendant or his or her immediate family, and if

the court also determines that modifying the method of payment will

not impose a manifest hardship on the victim, the court may modify

the method of payment.

(13) An order of restitution entered under this section

remains effective until it is satisfied in full. An order of

restitution is a judgment and lien against all property of the

defendant for the amount specified in the order of restitution. The

lien may be recorded as provided by law. An order of restitution

may be enforced by the prosecuting attorney, a victim, a victim's

estate, or any other person or entity named in the order to receive

the restitution in the same manner as a judgment in a civil action

or a lien.

(14) Notwithstanding any other provision of this section, a

defendant shall not be imprisoned, jailed, or incarcerated for a

violation of probation or parole or otherwise for failure to pay

restitution as ordered under this section unless the court or

parole board determines that the defendant has the resources to pay

the ordered restitution and has not made a good faith effort to do

so.

(15) If the court determines that a juvenile is or will be

unable to pay all of the restitution ordered, after notice to the

juvenile's parent or parents and an opportunity for the parent or

parents to be heard the court may order the parent or parents

having supervisory responsibility for the juvenile at the time of

the acts upon which an order of restitution is based to pay any

portion of the restitution ordered that is outstanding. An order

under this subsection does not relieve the juvenile of his or her

obligation to pay restitution as ordered, but the amount owed by

the juvenile shall be offset by any amount paid by his or her

parent. As used in this subsection:

(a) "Juvenile" means a person within the court's jurisdiction

under section 2d or 4 of chapter XIIA of the probate code of 1939,

1939 PA 288, MCL 712A.2d and 712A.4.

(b) "Parent" does not include a foster parent.

(16) If the court orders a parent to pay restitution under

subsection (15), the court shall take into account the parent's

financial resources and the burden that the payment of restitution

will impose, with due regard to any other moral or legal financial

obligations the parent may have. If a parent is required to pay

restitution under subsection (15), the court shall provide for

payment to be made in specified installments and within a specified

period of time.

(17) A parent who has been ordered to pay restitution under

subsection (15) may petition the court for a modification of the

amount of restitution owed by the parent or for a cancellation of

any unpaid portion of the parent's obligation. The court shall

cancel all or part of the parent's obligation due if the court

determines that payment of the amount due will impose a manifest

hardship on the parent and if the court also determines that

modifying the method of payment will not impose a manifest hardship

on the victim.

(18) In each case in which payment of restitution is ordered

as a condition of probation, the court shall order any employed

defendant to make regularly scheduled restitution payments. If the

defendant misses 2 or more regularly scheduled payments, the court

shall order the defendant to execute a wage assignment to pay the

restitution. The probation officer assigned to the case shall

review the case not less than twice yearly to ensure that

restitution is being paid as ordered. If the restitution was

ordered to be made within a specific period of time, the probation

officer assigned to the case shall review the case at the end of

the specific period of time to determine if the restitution has

been paid in full. The final review shall be conducted not less

than 60 days before the probationary period expires. If the

probation officer determines at any review that restitution is not

being paid as ordered, the probation officer shall file a written

report of the violation with the court on a form prescribed by the

state court administrative office or shall petition the court for a

probation violation. The report or petition shall include a

statement of the amount of the arrearage and any reasons for the

arrearage known by the probation officer. The probation officer

shall immediately provide a copy of the report or petition to the

prosecuting attorney. If a petition or motion is filed or other

proceedings are initiated to enforce payment of restitution and the

court determines that restitution is not being paid or has not been

paid as ordered by the court, the court shall promptly take action

necessary to compel compliance.

(19) If a defendant who is ordered to pay restitution under

this section is remanded to the jurisdiction of the department of

corrections, the court shall provide a copy of the order of

restitution to the department of corrections when the defendant is

remanded to the department's jurisdiction.

(20) The court shall not impose a fee on a victim, victim's

estate, or prosecuting attorney for enforcing an order of

restitution.

(21) If a person or entity entitled to restitution under this

section cannot be located, refuses to claim the restitution within

2 years after the date on which he or she could have claimed the

restitution, or refuses to accept the restitution, the restitution

to which that person or entity is entitled shall be deposited in

the crime victim's rights fund created under section 4 of 1989 PA

196, MCL 780.904, or its successor fund. However, a person or

entity entitled to that restitution may claim that restitution any

time by applying to the court that originally ordered and collected

it. The court shall notify the crime victim services commission of

the application and the commission shall approve a reduction in the

court's revenue transmittal to the crime victim's rights fund equal

to the restitution owed to the person or entity. The court shall

use the reduction to reimburse that restitution to the person or

entity.

(22) The court may amend an order of restitution entered under

this section on a motion by the prosecuting attorney, the victim,

or the defendant based upon new information related to the injury,

damages, or loss for which the restitution was ordered.

(23) A court that receives notice that a defendant who has an

obligation to pay restitution under this section has declared

bankruptcy shall forward a copy of that notice to the prosecuting

attorney. The prosecuting attorney shall forward the notice to the

victim at the victim's last known address.

(24) If the victim is a minor, the order of restitution shall

require the defendant to pay to a parent of the victim an amount

that is determined to be reasonable for any of the following that

are actually incurred or reasonably expected to be incurred by the

parent as a result of the crime:

(a) Homemaking and child care expenses.

(b) Income loss not ordered to be paid under subsection

(4)(h).

(d) Lodging or housing.

(e) Meals.

(f) Any other cost incurred in exercising the rights of the

victim or a parent under this act.

Sec. 31. (1) Except as otherwise defined in this article, as

used in this article:

(a) "County juvenile agency" means that term as defined in

section 2 of the county juvenile agency act, 1998 PA 518, MCL

45.622.

(b) "Court" means the family division of circuit court.

described in section 2 of 1976 PA 223, MCL 18.352.

(d) ~~(c)~~ "Designated case" means a case designated as a case in

which the juvenile is to be tried in the same manner as an adult

under section 2d of chapter XIIA of the probate code of 1939, 1939

PA 288, MCL 712A.2d.

(e) ~~(d)~~ "Juvenile" means an individual alleged or found to be

within the court's jurisdiction under section 2(a)(1) of chapter

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, for an

offense, including, but not limited to, an individual in a

designated case.

(f) ~~(e)~~ "Juvenile facility" means a county facility, an

institution operated as an agency of the county or the court, or an

institution or agency described in the youth rehabilitation

services act, 1974 PA 150, MCL 803.301 to 803.309, to which a

juvenile has been committed or in which a juvenile is detained.

(g) ~~(f)~~ "Offense" means 1 or more of the following:

(i) A violation of a penal law of this state for which a

juvenile offender, if convicted as an adult, may be punished by

imprisonment for more than 1 year or an offense expressly

designated by law as a felony.

(ii) A violation of section 81 (assault and battery, including

domestic violence), 81a (assault; infliction of serious injury,

including aggravated domestic violence), 115 (breaking and entering

or illegal entry), 136b(6) (child abuse in the fourth degree), 145

(contributing to the neglect or delinquency of a minor), 145d

(using the internet or a computer to make a prohibited

communication), 233 (intentionally aiming a firearm without

malice), 234 (discharge of a firearm intentionally aimed at a

person), 235 (discharge of an intentionally aimed firearm resulting

in injury), 335a (indecent exposure), or 411h (stalking) of the

Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.115,

750.136b, 750.145, 750.145d, 750.233, 750.234, 750.235, 750.335a,

and 750.411h.

(iii) A violation of section 601b(2) (injuring a worker in a

work zone) or 617a (leaving the scene of a personal injury

accident) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b

and 257.617a, or a violation of section 625 (operating a vehicle

while under the influence of or impaired by intoxicating liquor or

a controlled substance, or with unlawful blood alcohol content) of

that act, MCL 257.625, if the violation involves an accident

resulting in damage to another individual's property or physical

injury or death to another individual.

(iv) Selling or furnishing alcoholic liquor to an individual

less than 21 years of age in violation of section 33 of the former

1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in

physical injury or death to any individual.

(v) A violation of section 80176(1) or (3) (operating a vessel

while under the influence of or impaired by intoxicating liquor or

a controlled substance, or with unlawful blood alcohol content) of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.80176, if the violation involves an accident resulting

in damage to another individual's property or physical injury or

death to any individual.

(vi) A violation of a local ordinance substantially

corresponding to a law enumerated in subparagraphs (i) to (v).

(vii) A violation described in subparagraphs (i) to (vi) that is

subsequently reduced to a violation not included in subparagraphs

(i) to (vi).

(h) ~~(g)~~ "Person" means an individual, organization,

partnership, corporation, or governmental entity.

(i) ~~(h)~~ "Prosecuting attorney" means the prosecuting attorney

for a county, an assistant prosecuting attorney for a county, the

attorney general, the deputy attorney general, an assistant

attorney general, a special prosecuting attorney, or, in connection

with the prosecution of an ordinance violation, an attorney for the

political subdivision that enacted the ordinance upon which the

violation is based.

(j) ~~(i)~~ "Victim" means any of the following:

(i) A person who suffers direct or threatened physical,

financial, or emotional harm as a result of the commission of an

offense, except as provided in subparagraph (ii), (iii), or (iv).

(ii) The following individuals other than the juvenile if the

victim is deceased:

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of

age or older and sub-subparagraph (A) does not apply.

(B) do not apply.

(D) The guardian or custodian of a child of a deceased victim

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A)

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less

than 18 years of age and who is neither the defendant nor

incarcerated, if the parent, guardian, or custodian so chooses.

(iv) A parent, guardian, or custodian of a victim who is

mentally or emotionally unable to participate in the legal process

if he or she is neither the defendant nor incarcerated.

(2) If a victim as defined in subsection ~~(1)(i)(~~i)(1)(j)(i) is

physically or emotionally unable to exercise the privileges and

rights under this article, the victim may designate his or her

spouse, child 18 years of age or older, parent, sibling,

grandparent, or any other person 18 years of age or older who is

neither the defendant nor incarcerated to act in his or her place

while the physical or emotional disability continues. The victim

shall provide the prosecuting attorney with the name of the person

who is to act in his or her place. During the physical or emotional

disability, notices to be provided under this article to the victim

shall continue to be sent only to the victim.

(3) An individual who is charged with an offense arising out

of the same transaction from which the charge against the defendant

arose is not eligible to exercise the privileges and rights

established for victims under this article.

Sec. 44. (1) As used in this section only:

(a) "Offense" means a violation of a penal law of this state

or a violation of an ordinance of a local unit of government of

this state punishable by imprisonment or by a fine that is not a

civil fine.

(b) "Victim" means an individual who suffers direct or

threatened physical, financial, or emotional harm as a result of

the commission of an offense. As used in subsections (2), (3), (6),

(8), (9), and (13) only, victim includes a sole proprietorship,

partnership, corporation, association, governmental entity, or any

other legal entity that suffers direct physical or financial harm

as a result of an offense.

(2) Except as provided in subsection (8), at the dispositional

hearing or sentencing for an offense, the court shall order, in

addition to or in lieu of any other disposition or penalty

authorized by law, that the juvenile make full restitution to any

victim of the juvenile's course of conduct that gives rise to the

disposition or conviction or to the victim's estate. For an offense

that is resolved informally by means of a consent calendar

diversion or by another informal method that does not result in a

dispositional hearing, by assignment to youthful trainee status, by

a delayed sentence or deferred judgment of guilt, or in another way

that is not an acquittal or unconditional dismissal, the court

shall order the restitution required under this section.

(3) If an offense results in damage to or loss or destruction

of property of a victim of the offense or results in the seizure or

impoundment of property of a victim of the offense, the order of

restitution shall require that the juvenile do 1 or more of the

following, as applicable:

(a) Return the property to the owner of the property or to a

person designated by the owner.

(b) If return of the property under subdivision (a) is

impossible, impractical, or inadequate, pay an amount equal to the

greater of subparagraph (i) or (ii), less the value, determined as of

the date the property is returned, of that property or any part of

the property that is returned:

(i) The fair market value of the property on the date of the

damage, loss, or destruction. However, if the fair market value of

the property cannot be determined or is impractical to ascertain,

then the replacement value of the property shall be utilized in

lieu of the fair market value.

(ii) The fair market value of the property on the date of

disposition. However, if the fair market value of the property

cannot be determined or is impractical to ascertain, then the

replacement value of the property shall be utilized in lieu of the

fair market value.

(4) If an offense results in physical or psychological injury

to a victim, the order of restitution shall require that the

juvenile do 1 or more of the following, as applicable:

(a) Pay an amount equal to the reasonably determined cost of

medical and related professional services and devices actually

incurred and reasonably expected to be incurred relating to

physical and psychological care.

(b) Pay an amount equal to the reasonably determined cost of

physical and occupational therapy and rehabilitation actually

incurred and reasonably expected to be incurred.

income loss suffered by the victim as a result of the offense.

(d) Pay an amount equal to the reasonably determined cost of

psychological and medical treatment for members of the victim's

family actually incurred or reasonably expected to be incurred as a

result of the offense.

(e) Pay an amount equal to the reasonably determined costs of

homemaking and child care expenses actually incurred or reasonably

expected to be incurred as a result of the offense or, if

homemaking or child care is provided without compensation by a

relative, friend, or any other person, an amount equal to the costs

that would reasonably be incurred as a result of the offense for

that homemaking and child care, based on the rates in the area for

comparable services.

(f) Pay an amount equal to the cost of actual funeral and

related services.

(g) If the deceased victim could be claimed as a dependent by

his or her parent or guardian on the parent's or guardian's

federal, state, or local income tax returns, pay an amount equal to

the loss of the tax deduction or tax credit. The amount of

reimbursement shall be estimated for each year the victim could

reasonably be claimed as a dependent.

(h) Pay an amount equal to income actually lost by the spouse,

parent, sibling, child, or grandparent of the victim because the

family member left his or her employment, temporarily or

permanently, to care for the victim because of the injury.

(5) If an offense resulting in bodily injury also results in

the death of a victim or serious impairment of a body function of a

victim, the court may order up to 3 times the amount of restitution

otherwise allowed under this section. As used in this subsection,

"serious impairment of a body function of a victim" includes, but

is not limited to, 1 or more of the following:

(a) Loss of a limb or use of a limb.

(b) Loss of a hand or foot or use of a hand or foot.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain damage or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of a body organ.

(6) If the victim or victim's estate consents, the order of

restitution may require that the juvenile make restitution in

services in lieu of money.

(7) If the victim is deceased, the court shall order that the

restitution be made to the victim's estate.

(8) The court shall order restitution to the crime victim

services commission or to any individuals, partnerships,

corporations, associations, governmental entities, or other legal

entities that have compensated the victim or the victim's estate

for a loss incurred by the victim to the extent of the compensation

paid for that loss. The court shall also order restitution for the

costs of services provided to persons or entities that have

provided services to the victim as a result of the offense.

Services that are subject to restitution under this subsection

include, but are not limited to, shelter, food, clothing, and

transportation. However, an order of restitution shall require that

all restitution to a victim or victim's estate under the order be

made before any restitution to any other person or entity under

that order is made. The court shall not order restitution to be

paid to a victim or victim's estate if the victim or victim's

estate has received or is to receive compensation for that loss,

and the court shall state on the record with specificity the

reasons for its action.

(9) Any amount paid to a victim or victim's estate under an

order of restitution shall be set off against any amount later

recovered as compensatory damages by the victim or the victim's

estate in any federal or state civil proceeding and shall reduce

the amount payable to a victim or a victim's estate by an award

from the crime victim services commission made after an order of

restitution under this section.

(10) If not otherwise provided by the court under this

subsection, restitution shall be made immediately. However, the

court may require that the juvenile make restitution under this

section within a specified period or in specified installments.

(11) If the juvenile is placed on probation, any restitution

ordered under this section shall be a condition of that probation.

The court may revoke probation if the juvenile fails to comply with

the order and if the juvenile has not made a good faith effort to

comply with the order. In determining whether to revoke probation,

the court shall consider the juvenile's employment status, earning

ability, and financial resources, the willfulness of the juvenile's

failure to pay, and any other special circumstances that may have a

bearing on the juvenile's ability to pay.

(12) Subject to subsection (18), a juvenile who is required to

pay restitution and who is not in willful default of the payment of

the restitution may at any time petition the court to modify the

method of payment. If the court determines that payment under the

order will impose a manifest hardship on the juvenile or his or her

immediate family, and if the court also determines that modifying

the method of payment will not impose a manifest hardship on the

victim, the court may modify the method of payment.

(13) An order of restitution entered under this section

remains effective until it is satisfied in full. An order of

restitution is a judgment and lien against all property of the

individual ordered to pay restitution for the amount specified in

the order of restitution. The lien may be recorded as provided by

law. An order of restitution may be enforced by the prosecuting

attorney, a victim, a victim's estate, or any other person or

entity named in the order to receive the restitution in the same

manner as a judgment in a civil action or a lien.

(14) Notwithstanding any other provision of this section, a

juvenile shall not be detained or imprisoned for a violation of

probation or parole or otherwise for failure to pay restitution as

ordered under this section unless the court determines that the

juvenile has the resources to pay the ordered restitution and has

not made a good faith effort to do so.

(15) If the court determines that the juvenile is or will be

unable to pay all of the restitution ordered, after notice to the

juvenile's parent or parents and an opportunity for the parent or

parents to be heard, the court may order the parent or parents

having supervisory responsibility for the juvenile at the time of

the acts upon which an order of restitution is based to pay any

portion of the restitution ordered that is outstanding. An order

under this subsection does not relieve the juvenile of his or her

obligation to pay restitution as ordered, but the amount owed by

the juvenile shall be offset by any amount paid by his or her

parent. As used in this subsection, "parent" does not include a

foster parent.

(16) If the court orders a parent to pay restitution under

subsection (15), the court shall take into account the parent's

financial resources and the burden that the payment of restitution

will impose, with due regard to any other moral or legal financial

obligations the parent may have. If a parent is required to pay

restitution under subsection (15), the court shall provide for

payment to be made in specified installments and within a specified

period of time.

(17) A parent who has been ordered to pay restitution under

subsection (15) may petition the court for a modification of the

amount of restitution owed by the parent or for a cancellation of

any unpaid portion of the parent's obligation. The court shall

cancel all or part of the parent's obligation due if the court

determines that payment of the amount due will impose a manifest

hardship on the parent and if the court also determines that

modifying the method of payment will not impose a manifest hardship

on the victim.

(18) In each case in which payment of restitution is ordered

as a condition of probation, the court shall order any employed

juvenile to make regularly scheduled restitution payments. If the

juvenile misses 2 or more regularly scheduled payments, the court

shall order the juvenile to execute a wage assignment to pay the

restitution. The juvenile caseworker or probation officer assigned

to the case shall review the case not less than twice yearly to

ensure that restitution is being paid as ordered. If the

restitution was ordered to be made within a specific period of

time, the juvenile caseworker or probation officer assigned to the

case shall review the case at the end of the specific period of

time to determine if the restitution has been paid in full. The

final review shall be conducted not less than 60 days before the

probationary period expires. If the juvenile caseworker or

probation officer determines at any review the restitution is not

being paid as ordered, the juvenile caseworker or probation officer

shall file a written report of the violation with the court on a

form prescribed by the state court administrative office or shall

petition the court for a probation violation. The report or

petition shall include a statement of the amount of the arrearage,

and any reasons for the arrearage known by the juvenile caseworker

or probation officer. The juvenile caseworker or probation officer

shall immediately provide a copy of the report or petition to the

prosecuting attorney. If a petition or motion is filed or other

proceedings are initiated to enforce payment of restitution and the

court determines that restitution is not being paid or has not been

paid as ordered by the court, the court shall promptly take action

necessary to compel compliance.

(19) If the court determines that an individual who is ordered

to pay restitution under this section is remanded to the

jurisdiction of the department of corrections, the court shall

provide a copy of the order of restitution to the department of

corrections when the court determines that the individual is