A. If a juvenile is adjudicated delinquent, the court, after considering the nature of the offense and the age, physical and mental condition and earning capacity of the juvenile, shall order the juvenile to make full or partial restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The juvenile shall make restitution payments to the clerk of the court for disbursement to the victim or estate of the victim.
B. The court shall notify the victim or estate of the victim of the dispositional hearing. The court may consider a verified statement from the victim or estate of the victim concerning damages for lost wages, reasonable damages for injury to or loss of property and actual expenses of medical treatment for personal injury, excluding pain and suffering.
C. In ordering restitution pursuant to subsection A of this section, the court may order one or both of the juvenile's custodial parents to make restitution to the victim of the offense for which the juvenile was adjudicated delinquent or to the estate of the victim if the victim has died. The court shall determine the amount of restitution ordered pursuant to this subsection, except that the amount shall not exceed the liability limit established pursuant to section 12-661. The court may order a parent or juvenile who is ordered to pay restitution to satisfy the order in a lump sum or installment payments to the clerk of the court for disbursement to the victim or estate of the victim. If the court orders the juvenile's parents to make restitution pursuant to this subsection, the court shall order the juvenile to make either full or partial restitution, regardless of the juvenile's insufficient earning capacity. The court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order.
D. The juvenile court shall retain jurisdiction of the case after the juvenile attains eighteen years of age for the purpose of modifying the manner in which court ordered payments are to be made. After a juvenile attains eighteen years of age or if the court retains jurisdiction over the juvenile pursuant to section 8-202, subsection H on termination of the juvenile's probation, the juvenile court shall enter a juvenile restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered pursuant to this section.
E. The clerk of the court shall send a copy of the juvenile restitution order to each person who is entitled to restitution.
F. A juvenile restitution order may be recorded and enforced as any civil judgment, except that a juvenile restitution order does not require renewal pursuant to section 12-1611 or 12-1612. A juvenile restitution order does not expire until paid in full. Enforcement of a juvenile restitution order by any person who is entitled to restitution or by the state includes the collection of interest, which accrues at a rate of ten percent per annum.
G. A juvenile restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the juvenile.
Notes of Decisions
Cited in
27
cases (
9 in the last 5 years), 1998–2024 · leading case:
In Re Ryan A., 39 P.3d 543 (Ariz. Ct. App. 2002).
In Re Ryan A., 39 P.3d 543 (Ariz. Ct. App. 2002).
· cites it 14× “”) § 13-1202(A)(1) (2001), when the intended victim was not in fact scared and did not feel threatened; (2) whether both parents of a minor victim can receive restitution for the same event; and (3) whether restitution under A.R.S. § 8-344 (Supp.2001) can include economic losses…”
In Re Michelle G., 173 P.3d 1041 (Ariz. Ct. App. 2008).
· cites it 12× “" A.R.S. § 8-344(A). A victim of charges dismissed pursuant to a plea agreement may exercise a victim's statutory rights.”
State of Arizona v. Vivek a Patel, 486 P.3d 188 (Ariz. 2021).
· cites it 7× “¶25 The same is true for Patel’s argument that § 8-344, which requires a court to “order the juvenile to make full or partial restitution to the victim of the offense for which the juvenile was adjudicated delinquent,” is a valid legislative limit on restitution in juvenile…”
In Re Andrew C., 160 P.3d 687 (Ariz. Ct. App. 2007).
· cites it 4× “When "a juvenile is adjudicated delinquent, the court, after considering the nature of the offense .”
In Re Kristen C., 975 P.2d 152 (Ariz. Ct. App. 1999).
· cites it 8× “¶ 13 Furthermore, at the same time the legislature enacted A.R.S. § 8-344, it also enacted A.R.S. § 8-345.”
In Re J.U., 384 P.3d 839 (Ariz. Ct. App. 2016).
· cites it 3× “At the restitution hearing and in its order, the juvenile court articulated these factors in determining whether claimed losses were economic losses and therefore compensable under § 8-344(A). It concluded mileage is an “out of pocket cost[]” that qualifies as an economic loss…”
In Re William L., 119 P.3d 1039 (Ariz. Ct. App. 2005).
· cites it 3× “00 was proper but contends that the balance of the restitution order was inappropriate because it exceeded the car’s fair market value. We disagree. ¶ 10 A juvenile offender is required to make “full or partial restitution to the victim of the offense for which the juvenile was…”
In Re Stephanie B., 65 P.3d 114 (Ariz. Ct. App. 2003).
· cites it 2× “A.R.S. § 8-344(A) (Supp.2002) specifically applies to juveniles and states that [i]f a juvenile is adjudicated delinquent, the court .”
In Re Alton D., 994 P.2d 402 (Ariz. 2000).
· cites it 2× “” A.R.S. § 8-344 (emphasis added). The statute provides no support for the argument that the court can entertain new claims submitted after it imposes the terms of probation and enters its final order.”
In Re Frank H., 973 P.2d 1194 (Ariz. Ct. App. 1998).
· cites it 2× “A.R.S. § 8-344(A) (Supp. 1997) (emphasis added).”
In Re Stephanie N., 110 P.3d 1280 (Ariz. Ct. App. 2005).
“Restitution ordered pursuant to § 8-344 has been made. (Emphasis added.) ¶7 Because Stephanie will be eighteen years old on June 26, 2005, we are not concerned with the automatic termination of her probation on her eighteenth birthday.”
In Re Alton D., 970 P.2d 452 (Ariz. Ct. App. 1999).
· cites it 2× “A.R.S. § 8-344(A). More recently, provisions have been added for restitution liens on the property of a juvenile or the parent of a juvenile.”
— Ariz. Rev. Stat. § 8-344(A) — 20 cases
In Re Michelle G., 173 P.3d 1041 (Ariz. Ct. App. 2008).
“" A.R.S. § 8-344(A). A victim of charges dismissed pursuant to a plea agreement may exercise a victim's statutory rights.”
In Re Ryan A., 39 P.3d 543 (Ariz. Ct. App. 2002).
“”) § 13-1202(A)(1) (2001), when the intended victim was not in fact scared and did not feel threatened; (2) whether both parents of a minor victim can receive restitution for the same event; and (3) whether restitution under A.R.S. § 8-344 (Supp.2001) can include economic losses…”
In Re J.U., 384 P.3d 839 (Ariz. Ct. App. 2016).
“At the restitution hearing and in its order, the juvenile court articulated these factors in determining whether claimed losses were economic losses and therefore compensable under § 8-344(A). It concluded mileage is an “out of pocket cost[]” that qualifies as an economic loss…”
In Re Stephanie B., 65 P.3d 114 (Ariz. Ct. App. 2003).
“A.R.S. § 8-344(A) (Supp.2002) specifically applies to juveniles and states that [i]f a juvenile is adjudicated delinquent, the court .”
In Re William L., 119 P.3d 1039 (Ariz. Ct. App. 2005).
“00 was proper but contends that the balance of the restitution order was inappropriate because it exceeded the car’s fair market value. We disagree. ¶ 10 A juvenile offender is required to make “full or partial restitution to the victim of the offense for which the juvenile was…”
— Ariz. Rev. Stat. § 8-344(B) — 6 cases
In Re Ryan A., 39 P.3d 543 (Ariz. Ct. App. 2002).
“”) § 13-1202(A)(1) (2001), when the intended victim was not in fact scared and did not feel threatened; (2) whether both parents of a minor victim can receive restitution for the same event; and (3) whether restitution under A.R.S. § 8-344 (Supp.2001) can include economic losses…”
In Re William L., 119 P.3d 1039 (Ariz. Ct. App. 2005).
“00 was proper but contends that the balance of the restitution order was inappropriate because it exceeded the car’s fair market value. We disagree. ¶ 10 A juvenile offender is required to make “full or partial restitution to the victim of the offense for which the juvenile was…”
— Ariz. Rev. Stat. § 8-344(C) — 6 cases
State of Arizona v. Vivek a Patel, 486 P.3d 188 (Ariz. 2021).
“¶25 The same is true for Patel’s argument that § 8-344, which requires a court to “order the juvenile to make full or partial restitution to the victim of the offense for which the juvenile was adjudicated delinquent,” is a valid legislative limit on restitution in juvenile…”
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