Present law provides that if a child is found to be delinquent, the court must determine if any monetary damages actually resulted from the child's delinquent conduct. Upon a determination that monetary damages resulted from such conduct, the court must order the child to make restitution for such damages unless the court further determines that the specific circumstances of the individual case render such restitution, or a specified portion thereof, inappropriate. The court must also identify whether a restorative justice program addressing loss resulting from a delinquent act is available and may be utilized appropriately in the place of financial restitution. Any financial obligations or restitution assessed against the child or the child's parents, legal custodians, or guardians must be considered collectively with community service work to ensure that the order of disposition is reasonable and, where applicable, prioritizes restitution to the victim.
This bill adds to the present law by providing that if the child is found to be delinquent for a second or subsequent delinquent act, then the court must assess a fine of $1,000 as part of the disposition. The fine must be assessed against the child's parent, legal custodian, or guardian who had custody of the child at the time of the offense. If the court finds the child's parent, legal custodian, or guardian is indigent, then the court must order the child's parent, legal custodian, or guardian to perform community service work in lieu of the mandatory fine.
This bill applies to acts committed on or after July 1, 2024.
ON MARCH 18, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2571, AS AMENDED.
AMENDMENT#1 rewrites the bill to, instead, revise present law relative to permitting juvenile courts to assess a fine against a child who is found to be delinquent for a second or subsequent delinquent act to be paid by the child's parent, legal custodian, or guardian who had custody of the child at the time of the offense, as described below.
Present law provides that if a child is found to be delinquent, then the court must determine if any monetary damages actually resulted from the child's delinquent conduct. Upon a determination that monetary damages resulted from such conduct, the court must order the child to make restitution for such damages unless the court further determines that the specific circumstances of the individual case render such restitution, or a specified portion thereof, inappropriate. The court must also identify whether a restorative justice program addressing loss resulting from a delinquent act is available and may be utilized appropriately in the place of financial restitution. Any financial obligations or restitution assessed against the child or the child's parents, legal custodians, or guardians must be considered collectively with community service work to ensure that the order of disposition is reasonable and, where applicable, prioritizes restitution to the victim.
This amendment adds to the present law above by providing that if a child is found to be delinquent for a second or subsequent delinquent act, then the court may enter an order of restitution against the parent, legal custodian, or guardian who had custody of the child at the time of the act for the expenses incurred by any law enforcement agency in responding to and investigating the delinquent act. Such a restitution order must be no less than $250, if the act committed by the child would be a misdemeanor if committed by an adult, or no less than $500, if the act committed by the child would be a felony if committed by an adult. However, such a restitution order must not exceed $1,000. If the court finds that the child's parent, legal custodian, or guardian is indigent and waives restitution, then the court must order them to perform community service work in lieu of the restitution.

Statutes affected:
Introduced: 37-1-131(b)(1), 37-1-131
Amended with SA0547 -- 03/18/2024: 37-1-131(b)(1), 37-1-131