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This entry was published on 2023-01-06
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SECTION 353.6
Restitution
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 5
§ 353.6. Restitution. 1. At the conclusion of the dispositional
hearing the court may:

(a) recommend as a condition of placement, or order as a condition of
probation or conditional discharge, restitution in an amount
representing a fair and reasonable cost to replace the property, repair
the damage caused by the respondent or provide the victim with
compensation for unreimbursed medical expenses, not, however, to exceed
one thousand five hundred dollars. In the case of a placement, the court
may recommend that the respondent pay out of his or her own funds or
earnings the amount of replacement, damage or unreimbursed medical
expenses, either in a lump sum or in periodic payments in amounts set by
the agency with which he or she is placed, and in the case of probation
or conditional discharge, the court may require that the respondent pay
out of his or her own funds or earnings the amount of replacement,
damage or unreimbursed medical expenses, 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 conditional
discharge, services for the public good including in the case of a crime
involving willful, malicious, or unlawful damage or destruction to real
or personal property maintained as a cemetery plot, grave, burial place,
or other place of interment of human remains, services for the
maintenance and repair thereof, taking into consideration the age and
physical condition of the respondent.

2. If the court recommends restitution or requires services for the
public good in conjunction with an order of placement pursuant to
section 353.3 or 353.5, the placement shall be made only to an
authorized agency, including the division for youth, which has adopted
rules and regulations for the supervision of such a program, which rules
and regulations, except in the case of the division for youth, 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 respondent under the workers' compensation law as an
employee of such agency, department, division 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.

3. If the court requires restitution or services for the public good
as a condition of probation or conditional discharge, 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. Upon the written notice submitted 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 subdivisions
two and three may, on its own motion or the motion of the agency,
probation service or the presentment agency, hold a hearing pursuant to
section 355.1 to determine whether the dispositional order should be
modified.