Bill Text: MI SB0988 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Juveniles; other; reimbursement for juvenile offender's incarceration and legal costs; provide for exemption. Amends secs. 18, 30 & 31, ch. XIIA of 1939 PA 288 (MCL 712A.18 et seq.).

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2014-10-01 - Referred To Committee On Judiciary [SB0988 Detail]

Download: Michigan-2013-SB0988-Engrossed.html

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SB-0988, As Passed Senate, October 1, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 988

 

 

June 11, 2014, Introduced by Senators PAPPAGEORGE, NOFS, COLBECK, ROBERTSON, CASWELL, HUNE and MARLEAU and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 18, 30, and 31 of chapter XIIA (MCL 712A.18,

 

712A.30, and 712A.31), section 18 as amended by 2011 PA 295 and

 

sections 30 and 31 as amended by 1996 PA 561.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XIIA

 

     Sec. 18. (1) If the court finds that a juvenile concerning

 

whom a petition is filed is not within this chapter, the court

 

shall enter an order dismissing the petition. Except as otherwise

 

provided in subsection (10), if the court finds that a juvenile is

 

within this chapter, the court may enter any of the following

 

orders of disposition that are appropriate for the welfare of the

 

juvenile and society in view of the facts proven and ascertained:

 

     (a) Warn the juvenile or the juvenile's parents, guardian, or

 

custodian and, except as provided in subsection (7), dismiss the

 

petition.

 

     (b) Place the juvenile on probation, or under supervision in

 

the juvenile's own home or in the home of an adult who is related

 

to the juvenile. As used in this subdivision, "related" means an

 

individual who is not less than 18 years of age and related to the

 

child juvenile by blood, marriage, or adoption, as grandparent,

 

great-grandparent, great-great-grandparent, aunt or uncle, great-

 

aunt or great-uncle, great-great-aunt or great-great-uncle,

 

sibling, stepsibling, nephew or niece, first cousin or first cousin

 

once removed, and the spouse of any of the above, even after the

 

marriage has ended by death or divorce. A child juvenile may be

 

placed with the parent of a man whom the court has found probable

 

cause to believe is the putative father if there is no man with

 

legally established rights to the child. juvenile. This placement

 

of the child juvenile with the parent of a man whom the court has

 

found probable cause to believe is the putative father is for the

 

purposes of placement only and is not to be construed as a finding

 

of paternity or to confer legal standing. The court shall order the

 

terms and conditions of probation or supervision, including

 

reasonable rules for the conduct of the parents, guardian, or

 

custodian, if any, as the court determines necessary for the

 

physical, mental, or moral well-being and behavior of the juvenile.

 

The court may order that the juvenile participate in a juvenile

 

drug treatment court under chapter 10A of the revised judicature

 

act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. The court also

 

shall order, as a condition of probation or supervision, that the

 

juvenile shall pay the minimum state cost prescribed by section 18m

 

of this chapter.

 

     (c) If a juvenile is within the court's jurisdiction under

 

section 2(a) of this chapter, or under section 2(h) of this chapter

 

for a supplemental petition, place the juvenile in a suitable

 

foster care home subject to the court's supervision. If a juvenile

 

is within the court's jurisdiction under section 2(b) of this

 

chapter, the court shall not place a juvenile in a foster care home

 

subject to the court's supervision.

 

     (d) Except as otherwise provided in this subdivision, place

 

the juvenile in or commit the juvenile to a private institution or

 

agency approved or licensed by the department of consumer and

 

industry human services for the care of juveniles of similar age,

 

sex, and characteristics. If the juvenile is not a ward of the

 

court, the court shall commit the juvenile to the family

 

independence agency department of human services or, if the county

 

is a county juvenile agency, to that county juvenile agency for

 

placement in or commitment to such an institution or agency as the

 

department of human services or county juvenile agency determines

 

is most appropriate, subject to any initial level of placement the

 

court designates.

 

     (e) Except as otherwise provided in this subdivision, commit

 

the juvenile to a public institution, county facility, institution

 

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

 

by law to receive juveniles of similar age, sex, and

 

characteristics. If the juvenile is not a ward of the court, the

 

court shall commit the juvenile to the department of human services

 

or, if the county is a county juvenile agency, to that county

 

juvenile agency for placement in or commitment to such an

 

institution or facility as the department of human services or

 

county juvenile agency determines is most appropriate, subject to

 

any initial level of placement the court designates. If a child

 

juvenile is not less than 17 years of age and is in violation of a

 

personal protection order, the court may commit the child juvenile

 

to a county jail within the adult prisoner population. In a

 

placement under subdivision (d) or a commitment under this

 

subdivision, except to a state institution or a county juvenile

 

agency institution, the juvenile's religious affiliation shall be

 

protected by placement or commitment to a private child-placing or

 

child-caring agency or institution, if available. Except for

 

commitment to the department of human services or a county juvenile

 

agency, an order of commitment under this subdivision to a state

 

institution or agency described in the youth rehabilitation

 

services act, 1974 PA 150, MCL 803.301 to 803.309, or in 1935 PA

 

220, MCL 400.201 to 400.214, the court shall name the

 

superintendent of the institution to which the juvenile is

 

committed as a special guardian to receive benefits due the

 

juvenile from the government of the United States. An order of

 

commitment under this subdivision to the department of human

 

services or a county juvenile agency shall name that agency as a

 

special guardian to receive those benefits. The benefits received

 

by the special guardian shall be used to the extent necessary to

 

pay for the portions of the cost of care in the institution or

 

facility that the parent or parents are found unable to pay or,

 

under subsection (20), not required to pay.

 

     (f) Provide the juvenile with medical, dental, surgical, or

 

other health care, in a local hospital if available, or elsewhere,

 

maintaining as much as possible a local physician-patient

 

relationship, and with clothing and other incidental items the

 

court determines are necessary.

 

     (g) Order the parents, guardian, custodian, or any other

 

person to refrain from continuing conduct that the court determines

 

has caused or tended to cause the juvenile to come within or to

 

remain under this chapter or that obstructs placement or commitment

 

of the juvenile by an order under this section.

 

     (h) Appoint a guardian under section 5204 of the estates and

 

protected individuals code, 1998 PA 386, MCL 700.5204, in response

 

to a petition filed with the court by a person interested in the

 

juvenile's welfare. If the court appoints a guardian as authorized

 

by this subdivision, it may dismiss the petition under this

 

chapter.

 

     (i) Order the juvenile to engage in community service.

 

     (j) If the court finds that a juvenile has violated a

 

municipal ordinance or a state or federal law, order the juvenile

 

to pay a civil fine in the amount of the civil or penal fine

 

provided by the ordinance or law. Money collected from fines levied

 

under this subsection shall be distributed as provided in section

 

29 of this chapter.

 

     (k) If a juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter, order the juvenile's parent or

 

guardian to personally participate in treatment reasonably

 

available in the parent's or guardian's location.

 

     (l) If a juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter, place the juvenile in and order

 

the juvenile to complete satisfactorily a program of training in a

 

juvenile boot camp established by the department of human services

 

under the juvenile boot camp act, 1996 PA 263, MCL 400.1301 to

 

400.1309, as provided in that act. If the county is a county

 

juvenile agency, however, the court shall commit the juvenile to

 

that county juvenile agency for placement in the program under that

 

act. Upon receiving a report of satisfactory completion of the

 

program from the department of human services, the court shall

 

authorize the juvenile's release from placement in the juvenile

 

boot camp. Following satisfactory completion of the juvenile boot

 

camp program, the juvenile shall complete an additional period of

 

not less than 120 days or more than 180 days of intensive

 

supervised community reintegration in the juvenile's local

 

community. To place or commit a juvenile under this subdivision,

 

the court shall determine all of the following:

 

     (i) Placement in a juvenile boot camp will benefit the

 

juvenile.

 

     (ii) The juvenile is physically able to participate in the

 

program.

 

     (iii) The juvenile does not appear to have any mental handicap

 

that would prevent participation in the program.

 

     (iv) The juvenile will not be a danger to other juveniles in

 

the boot camp.

 

     (v) There is an opening in a juvenile boot camp program.

 

     (vi) If the court must commit the juvenile to a county juvenile

 

agency, the county juvenile agency is able to place the juvenile in

 

a juvenile boot camp program.

 

     (m) If the court entered a judgment of conviction under

 

section 2d of this chapter, enter any disposition under this

 

section or, if the court determines that the best interests of the

 

public would be served, impose any sentence upon the juvenile that

 

could be imposed upon an adult convicted of the offense for which

 

the juvenile was convicted. If the juvenile is convicted of a

 

violation or conspiracy to commit a violation of section

 

7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7403,

 

the court may impose the alternative sentence permitted under that

 

section if the court determines that the best interests of the

 

public would be served. The court may delay imposing a sentence of

 

imprisonment under this subdivision for a period not longer than

 

the period during which the court has jurisdiction over the

 

juvenile under this chapter by entering an order of disposition

 

delaying imposition of sentence and placing the juvenile on

 

probation upon the terms and conditions it considers appropriate,

 

including any disposition under this section. If the court delays

 

imposing sentence under this section, section 18i of this chapter

 

applies. If the court imposes sentence, it shall enter a judgment

 

of sentence. If the court imposes a sentence of imprisonment, the

 

juvenile shall receive credit against the sentence for time served

 

before sentencing. In determining whether to enter an order of

 

disposition or impose a sentence under this subdivision, the court

 

shall consider all of the following factors, giving greater weight

 

to the seriousness of the offense and the juvenile's prior record:

 

     (i) The seriousness of the offense in terms of community

 

protection, including, but not limited to, the existence of any

 

aggravating factors recognized by the sentencing guidelines, the

 

use of a firearm or other dangerous weapon, and the impact on any

 

victim.

 

     (ii) The juvenile's culpability in committing the offense,

 

including, but not limited to, the level of the juvenile's

 

participation in planning and carrying out the offense and the

 

existence of any aggravating or mitigating factors recognized by

 

the sentencing guidelines.

 

     (iii) The juvenile's prior record of delinquency including, but

 

not limited to, any record of detention, any police record, any

 

school record, or any other evidence indicating prior delinquent

 

behavior.

 

     (iv) The juvenile's programming history, including, but not

 

limited to, the juvenile's past willingness to participate

 

meaningfully in available programming.

 

     (v) The adequacy of the punishment or programming available in

 

the juvenile justice system.

 

     (vi) The dispositional options available for the juvenile.

 

     (2) An Except as provided in subsection (20), an order of

 

disposition placing a juvenile in or committing a juvenile to care

 

outside of the juvenile's own home and under state, county juvenile

 

agency, or court supervision shall contain a provision for

 

reimbursement by the juvenile, parent, guardian, or custodian to

 

the court for the cost of care or service. The order shall be

 

reasonable, taking into account both the income and resources of

 

the juvenile, parent, guardian, or custodian. The amount may be

 

based upon the guidelines and model schedule created under

 

subsection (6). If the juvenile is receiving an adoption support

 

subsidy under sections 115f to 115m of the social welfare act, 1939

 

PA 280, MCL 400.115f to 400.115m, the amount shall not exceed the

 

amount of the support subsidy. The reimbursement provision applies

 

during the entire period the juvenile remains in care outside of

 

the juvenile's own home and under state, county juvenile agency, or

 

court supervision, unless the juvenile is in the permanent custody

 

of the court. The court shall provide for the collection of all

 

amounts ordered to be reimbursed and the money collected shall be

 

accounted for and reported to the county board of commissioners.

 

Collections to cover delinquent accounts or to pay the balance due

 

on reimbursement orders may be made after a juvenile is released or

 

discharged from care outside the juvenile's own home and under

 

state, county juvenile agency, or court supervision. Twenty-five

 

percent of all amounts collected under an order entered under this

 

subsection shall be credited to the appropriate fund of the county

 

to offset the administrative cost of collections. The balance of

 

all amounts collected under an order entered under this subsection

 

shall be divided in the same ratio in which the county, state, and

 

federal government participate in the cost of care outside the

 

juvenile's own home and under state, county juvenile agency, or

 

court supervision. The court may also collect from the government

 

of the United States benefits paid for the cost of care of a court

 

ward. Money collected for juveniles placed by the court with or

 

committed to the department of human services or a county juvenile

 

agency shall be accounted for and reported on an individual

 

juvenile basis. In cases of delinquent accounts, the court may also

 

enter an order to intercept state or federal tax refunds of a

 

juvenile, parent, guardian, or custodian except if the parent,

 

guardian, or custodian was the victim of the offense from which the

 

delinquent account arose and initiate the necessary offset

 

proceedings in order to recover the cost of care or service. The

 

court shall send to the person who is the subject of the intercept

 

order advance written notice of the proposed offset. The notice

 

shall include notice of the opportunity to contest the offset on

 

the grounds that the intercept is not proper because of a mistake

 

of fact concerning the amount of the delinquency or the identity of

 

the person subject to the order. The court shall provide for the

 

prompt reimbursement of an amount withheld in error or an amount

 

found to exceed the delinquent amount.

 

     (3) An order of disposition placing a juvenile in the

 

juvenile's own home under subsection (1)(b) may contain a provision

 

for reimbursement by the juvenile, parent, guardian, or custodian

 

to the court for the cost of service. If an order is entered under

 

this subsection, an amount due shall be determined and treated in

 

the same manner provided for an order entered under subsection (2).

 

     (4) An order directed to a parent or a person other than the

 

juvenile is not effective and binding on the parent or other person

 

unless opportunity for hearing is given by issuance of summons or

 

notice as provided in sections 12 and 13 of this chapter and until

 

a copy of the order, bearing the seal of the court, is served on

 

the parent or other person as provided in section 13 of this

 

chapter.

 

     (5) If Except as provided in subsection (20), if the court

 

appoints an attorney to represent a juvenile, parent, guardian, or

 

custodian, the court may require in an order entered under this

 

section that the juvenile, parent, guardian, or custodian reimburse

 

the court for attorney fees.

 

     (6) The office of the state court administrator, under the

 

supervision and direction of the supreme court, shall create

 

guidelines that the court may use in determining the ability of the

 

juvenile, parent, guardian, or custodian to pay for care and any

 

costs of service ordered under subsection (2) or (3). The

 

guidelines shall take into account both the income and resources of

 

the juvenile, parent, guardian, or custodian.

 

     (7) If Except as provided in subsection (20), if the court

 

finds that a juvenile comes under section 30 of this chapter, the

 

court shall order the juvenile or the juvenile's parent to pay

 

restitution as provided in sections 30 and 31 of this chapter and

 

in sections 44 and 45 of the crime victim's rights act, 1985 PA 87,

 

MCL 780.794 and 780.795.

 

     (8) If the court imposes restitution as a condition of

 

probation, the court shall require the juvenile to do either of the

 

following as an additional condition of probation:

 

     (a) Engage in community service or, with the victim's consent,

 

perform services for the victim.

 

     (b) Seek and maintain paid employment and pay restitution to

 

the victim from the earnings of that employment.

 

     (9) If the court finds that the juvenile is in intentional

 

default of the payment of restitution, a court may, as provided in

 

section 31 of this chapter, revoke or alter the terms and

 

conditions of probation for nonpayment of restitution. If a

 

juvenile who is ordered to engage in community service

 

intentionally refuses to perform the required community service,

 

the court may revoke or alter the terms and conditions of

 

probation.

 

     (10) The court shall not enter an order of disposition for a

 

juvenile offense as defined in section 1a of 1925 PA 289, MCL

 

28.241a, or a judgment of sentence for a conviction until the court

 

has examined the court file and has determined that the juvenile's

 

fingerprints have been taken and forwarded as required by section 3

 

of 1925 PA 289, MCL 28.243, and as required by the sex offenders

 

registration act, 1994 PA 295, MCL 28.721 to 28.736. If a juvenile

 

has not had his or her fingerprints taken, the court shall do

 

either of the following:

 

     (a) Order the juvenile to submit himself or herself to the

 

police agency that arrested or obtained the warrant for the

 

juvenile's arrest so the juvenile's fingerprints can be taken and

 

forwarded.

 

     (b) Order the juvenile committed to the sheriff's custody for

 

taking and forwarding the juvenile's fingerprints.

 

     (11) Upon final disposition, conviction, acquittal, or

 

dismissal of an offense within the court's jurisdiction under

 

section 2(a)(1) of this chapter, using forms approved by the state

 

court administrator, the clerk of the court entering the final

 

disposition, conviction, acquittal, or dismissal shall immediately

 

advise the department of state police of that final disposition,

 

conviction, acquittal, or dismissal as required by section 3 of

 

1925 PA 289, MCL 28.243. The report to the department of state

 

police shall include information as to the finding of the judge or

 

jury and a summary of the disposition or sentence imposed.

 

     (12) If the court enters an order of disposition based on an

 

act that is a juvenile offense as defined in section 1 of 1989 PA

 

196, MCL 780.901, the court shall order the juvenile to pay the

 

assessment as provided in that act. If the court enters a judgment

 

of conviction under section 2d of this chapter for an offense that

 

is a felony, misdemeanor, or ordinance violation, the court shall

 

order the juvenile to pay the assessment as provided in that act.

 

     (13) If the court has entered an order of disposition or a

 

judgment of conviction for a listed offense as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722, the

 

court, department of human services, or the county juvenile agency

 

shall register the juvenile or accept the juvenile's registration

 

as provided in the sex offenders registration act, 1994 PA 295, MCL

 

28.721 to 28.736.

 

     (14) If the court enters an order of disposition placing a

 

juvenile in a juvenile boot camp program, or committing a juvenile

 

to a county juvenile agency for placement in a juvenile boot camp

 

program, and the court receives from the department of human

 

services a report that the juvenile has failed to perform

 

satisfactorily in the program, that the juvenile does not meet the

 

program's requirements or is medically unable to participate in the

 

program for more than 25 days, that there is no opening in a

 

juvenile boot camp program, or that the county juvenile agency is

 

unable to place the juvenile in a juvenile boot camp program, the

 

court shall release the juvenile from placement or commitment and

 

enter an alternative order of disposition. A juvenile shall not be

 

placed in a juvenile boot camp under an order of disposition more

 

than once, except that a juvenile returned to the court for a

 

medical condition, because there was no opening in a juvenile boot

 

camp program, or because the county juvenile agency was unable to

 

place the juvenile in a juvenile boot camp program may be placed

 

again in the juvenile boot camp program after the medical condition

 

is corrected, an opening becomes available, or the county juvenile

 

agency is able to place the juvenile.

 

     (15) If the juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter for an offense other than a listed

 

offense as defined in section 2 of the sex offenders registration

 

act, 1994 PA 295, MCL 28.722, the court shall determine if the

 

offense is a violation of a law of this state or a local ordinance

 

of a municipality of this state that by its nature constitutes a

 

sexual offense against an individual who is less than 18 years of

 

age. If so, the order of disposition is for a listed offense as

 

defined in section 2 of the sex offenders registration act, 1994 PA

 

295, MCL 28.722, and the court shall include the basis for that

 

determination on the record and include the determination in the

 

order of disposition.

 

     (16) The court shall not impose a sentence of imprisonment in

 

the county jail under subsection (1)(m) unless the present county

 

jail facility for the juvenile's imprisonment would meet all

 

requirements under federal law and regulations for housing

 

juveniles. The court shall not impose the sentence until it

 

consults with the sheriff to determine when the sentence will begin

 

to ensure that space will be available for the juvenile.

 

     (17) In a proceeding under section 2(h) of this chapter, this

 

section only applies to a disposition for a violation of a personal

 

protection order and subsequent proceedings.

 

     (18) If a juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter, the court shall order the juvenile

 

to pay costs as provided in section 18m of this chapter.

 

     (19) A juvenile who has been ordered to pay the minimum state

 

cost as provided in section 18m of this chapter as a condition of

 

probation or supervision and who is not in willful default of the

 

payment of the minimum state cost may petition the court at any

 

time for a remission of the payment of any unpaid portion of the

 

minimum state cost. If the court determines that payment of the

 

amount due will impose a manifest hardship on the juvenile or his

 

or her immediate family, the court may remit all or part of the

 

amount of the minimum state cost due or modify the method of

 

payment.

 

     (20) The court shall not order the juvenile's parent, or, if

 

the parent is married, the parent's spouse with whom the parent

 

resides, to pay reimbursement of costs or fees or to pay

 

restitution under this section if the parent is the victim of the

 

offense for which the reimbursement or restitution is ordered.

 

     Sec. 30. (1) For purposes of this section and section 31:

 

     (a) "Juvenile offense" means a violation by a juvenile of a

 

penal law of this state or a violation by a juvenile 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 a juvenile offense. For purposes of subsections

 

(2), (3), (6), (8), (9), and (13), victim includes a sole

 

proprietorship, partnership, corporation, association, governmental

 

entity, or other legal entity that suffers direct physical or

 

financial harm as a result of the commission of a juvenile offense.

 

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

 

hearing for a juvenile offense, the court shall order, in addition

 

to or in lieu of any other disposition 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 to the

 

victim's estate.

 

     (3) If a juvenile offense results in damage to or loss or

 

destruction of property of a victim of the juvenile offense, or

 

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

 

the juvenile offense, the order of restitution may 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 value of the property on the date of the damage, loss,

 

or destruction.

 

     (ii) The value of the property on the date of disposition.

 

     (c) Pay the costs of the seizure or impoundment, or both.

 

     (4) If a juvenile offense results in physical or psychological

 

injury to a victim, the order of restitution may require that the

 

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

 

     (a) Pay an amount equal to the cost of actual medical and

 

related professional services and devices relating to physical and

 

psychological care.

 

     (b) Pay an amount equal to the cost of actual physical and

 

occupational therapy and rehabilitation.

 

     (c) Reimburse the victim or the victim's estate for after-tax

 

income loss suffered by the victim as a result of the juvenile

 

offense.

 

     (d) Pay an amount equal to the cost of psychological and

 

medical treatment for members of the victim's family that has been

 

incurred as a result of the juvenile offense.

 

     (e) Pay an amount equal to the costs of actual homemaking and

 

child care expenses incurred as a result of the juvenile offense.

 

     (5) If a juvenile offense resulting in bodily injury also

 

results in the death of a victim, the order of restitution may

 

require that the juvenile pay an amount equal to the cost of actual

 

funeral and related services.

 

     (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 victims

 

compensation board or to any individuals, partnerships,

 

corporations, associations, governmental entities, or any other

 

legal entities that have compensated the victim or 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 juvenile

 

offense. Services that are subject to restitution under this

 

subsection include, but are not limited to, shelter, food,

 

clothing, and transportation. However, an 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 actions. If an entity entitled to restitution

 

under this subsection for compensating the victim or the victim's

 

estate cannot or refuses to be reimbursed for that compensation,

 

the restitution paid for that entity shall be deposited by the

 

state treasurer in the crime victim's rights fund created under

 

section 4 of Act No. 196 of the Public Acts of 1989, being section

 

780.904 of the Michigan Compiled Laws, 1989 PA 196, MCL 780.904, or

 

its successor fund.

 

     (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 victims compensation board 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 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) 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,

 

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 for a violation of probation, 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 Except as otherwise provided in this subsection, 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 and an opportunity for the parent 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. The court shall not order the juvenile's

 

parent, or, if the parent is married, the parent's spouse with whom

 

the parent resides, to pay restitution under this section if that

 

parent was the victim of the juvenile offense for which restitution

 

is ordered. An order under this subsection does not relieve the

 

juvenile of his or her obligation to pay restitution, 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 financial

 

resources of the parent and the burden that the payment of

 

restitution will impose, with due regard to any other moral or

 

legal financial obligations that 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.

 

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

 

as a condition of probation, 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.

 

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

 

the expiration of the probationary period. If the juvenile

 

caseworker or probation officer determines 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. The

 

report shall include a statement of the amount of the arrearage and

 

any reasons for the arrearage that are known by the juvenile

 

caseworker or probation officer. The juvenile caseworker or

 

probation officer shall immediately provide a copy of the report to

 

the prosecuting attorney. If a 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

 

remanded to the department's jurisdiction.

 

     Sec. 31. (1) In determining the amount of restitution to order

 

under section 30 of this chapter, the court shall consider the

 

amount of the loss sustained by any victim as a result of the

 

juvenile offense. In determining whether to order the juvenile's

 

supervisory parent to pay restitution under section 30(15) of this

 

chapter, the court shall consider the financial resources of the

 

juvenile's supervisory parent and the other factors specified in

 

section 30(16) of this chapter. The court shall not order the

 

juvenile's parent, or, if the parent is married, the parent's

 

spouse with whom the parent resides, to pay restitution under this

 

section if that parent was the victim of the juvenile offense for

 

which restitution is ordered.

 

     (2) The court may order the person preparing a report for the

 

purpose of disposition to obtain information pertaining to the

 

factors set forth in subsection (1). That person shall include the

 

information collected in the disposition report or in a separate

 

report, as the court directs.

 

     (3) The court shall disclose to the juvenile, the juvenile's

 

supervisory parent, and the prosecuting attorney all portions of

 

the disposition or other report pertaining to the matters described

 

in subsection (1).

 

     (4) Any dispute as to the proper amount or type of restitution

 

shall be resolved by the court by a preponderance of the evidence.

 

The burden of demonstrating the amount of the loss sustained by a

 

victim as a result of the juvenile offense shall be on the

 

prosecuting attorney. The burden of demonstrating the financial

 

resources of the juvenile's supervisory parent and the other

 

factors specified in section 30(16) of this chapter shall be is on

 

the supervisory parent.

 

     Enacting section 1. This amendatory act is retroactive and

 

applies to orders of restitution and orders to pay reimbursement of

 

costs or fees entered before the effective date of this amendatory

 

act.