Restitution
Mentioned in
Judge Orders Boy Who Started Oregon Wildfire To Pay $36 Million In Restitution
“The teen, whose name has not been released, was 15 at the time he threw the fireworks. Oregon's juvenile delinquency statute calls for restitution that equals the full amount of the victims' injury, loss or damage as determined by the court.”
Bibliographic info
Source:
Section 419C.450 — Restitution, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
Notes of Decisions
Under former similar statute
Where child’s conduct would constitute criminal activity if committed by adult and conduct caused loss to victim, it was not necessary that specific loss to victim be alleged in petition or be adjudicated by court before trial court could order child to pay restitution. State ex rel Juv. Dept. v. Dickerson, 100 Or App 95, 784 P2d 1121 (1990); State ex rel Juv. Dept. v. Z.D.B., 238 Or App 377, 242 P3d 714 (2010)
In general
“Victim” includes insurance carriers and Criminal Injuries Compensation Account. State v. E.V., 240 Or App 298, 246 P3d 78 (2010), Sup Ct review denied
Right to trial by jury under Article I, section 17, Oregon Constitution does not apply to this section, which serves compensatory purpose and provides enforceable right to restitution, but does not create private right of action for damages against juvenile defendant. State v. N.R.L, 354 Or 222, 311 P3d 510 (2013)
For purposes of district attorney’s duty to present evidence relating to restitution no later than time of adjudication, “adjudication” and “disposition” are distinct phases of delinquency proceedings, and “adjudication” is determination by juvenile court that youth is within court’s jurisdiction. State v. M.A.S., 302 Or App 687, 462 P3d 284 (2020)
Up to date