O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) It is declared to be the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases. (b) Notwithstanding any provision of Chapter 11 of Title 15, the juvenile courts shall order restitution in any case involving delinquent juveniles in the same manner as is authorized by this article for adult offenders. (c) For purposes of ensuring compliance with the restitution order, the juvenile courts are authorized to retain jurisdiction over a juvenile subject to such restitution order until the juvenile reaches 21 years of age. If the juvenile court retains jurisdiction of such offender as provided in this Code section and the terms of the restitution order are not completed before the offender’s twenty-first birthday, the juvenile court shall transfer the restitution order to the superior court. (d) As an alternative to subsection (c) of this Code section, the juvenile courts are authorized to transfer to the superior courts, and the superior courts are authorized to accept, jurisdiction over enforcement
of restitution orders against juveniles who, since entry of the order, have attained 18 years of age. (e) If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile’s parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court or a jury finds by clear and convincing evidence that the parent or parents knew or should have known of the juvenile’s propensity to commit such acts and the acts are due to the parent’s or parents’ negligence or reckless disregard for the juvenile’s propensity to commit such acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated. (f ) If the court orders a parent to pay restitution under subsection (e) of this Code section, the court shall take into account the considerations identified in Code Section 17-14-10. If the parent or parents are required to pay restitution under subsection (e) of this Code section, the court shall provide for payment to be made in specified installments and within a specified period of time.
History
Code 1933, § 27-3005, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.
Annotations
Cross references. - Disposition of delinquent or unruly child by order of juvenile court, §§ 15-11-35, 15-11-36.
Editor’s notes. - Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Crime Victims Restitution Act of 2005.’ ’’
JUDICIAL DECISIONS Restitution properly ordered. - Since the amount of medical expenses of a juvenile assault victim was undisputed based on the uncontradicted testimony of the victim in a disposition hearing, there was no error in ordering restitution. C.P. v. State, 167 Ga. App. 374, 306 S.E.2d 688 (1983). O.C.G.A. § 17-14-5(b) expressly authorized restitution as a condition of the probation of a delinquent juvenile, and the nature and amount of restitution ordered, $ 4,968 in property damage caused by the juvenile’s tampering with a sprinkler head, was supported by a preponderance of the evidence. In re W. J. F., 302 Ga. App. 361, 691 S.E.2d 271 (2010).
Extension of probation. - Juvenile’s argument on appeal that the juvenile court was not authorized to extend an order of probation for the purpose of payment of restitution, and in doing so, the court assumed a prosecutorial role, lacked merit given the language in O.C.G.A. § 15-11-70(b) and the state policy pronounced in O.C.G.A. § 17-14-5. In the Interest of C.S., 280 Ga. App. 781, 635 S.E.2d 176 (2006), overruled on other grounds, McCart v. State, 289 Ga. App. 830, 658 S.E.2d 465 (2008). Cited in B.J.L. v. State, 173 Ga. App. 317, 326 S.E.2d 519 (1985).
RESEARCH REFERENCES ALR. - Jurisdiction or power of juvenile court to order parent of juvenile to
make restitution for juvenile’s offense, 66 A.L.R.4th 985.
Notes of Decisions
In the Interest of E. W., 658 S.E.2d 854 (Ga. Ct. App. 2008).
· cites it 2× “In OCGA § 17-14-5 (a), the legislature expressly recognized that, as a matter of state policy, “restitution is consistent with the goal of rehabilitation of delinquent juveniles.”
Harris v. State, 413 S.E.2d 439 (Ga. 1992).
· cites it 2× “Although OCGA § 17-14-1 states restitution is a primary concern of the criminal justice system, the state has other concerns of equal importance, including punishing and rehabilitating persons convicted of crimes and deterring others from criminal behavior.”
In the Interest of C. S., 635 S.E.2d 176 (Ga. Ct. App. 2006).
· cites it 10× “” 3 Moreover, at the time the extension order was entered, OCGA § 17-14-5 declared as state policy that “the goal of restitution is consistent with the goal of rehabilitation of delinquent or unruly juveniles and to seek to provide restitution in such cases.”
In the Interest of W. J. F., 691 S.E.2d 271 (Ga. Ct. App. 2010).
· cites it 4× “Pursuant to OCGA § 17-14-5 (a), (b) it is “the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases,” and further, “the juvenile courts shall order restitution in any…”
C. P. v. State, 167 Ga. App. 374 (Ga. Ct. App. 1983).
· cites it 2× “OCGA § 17-14-5 (Code Ann. § 27-3005) authorizes juvenile courts to order restitution as a condition of probation subject to OCGA § 42-8-35 (Code Ann.”
B. J. L. v. State, 326 S.E.2d 519 (Ga. Ct. App. 1985).
· cites it 2× “OCGA § 17-14-5 (b) provides: “The juvenile courts are expressly authorized to order restitution as a condition or limitation of the probation of delinquent or unruly juveniles in the same manner as is authorized by this article for adult offenders.”
In the Interest of N.T., a Child (Ga. Ct. App. 2020).
· cites it 5× “OCGA § 17-14-5 allows a juvenile court to order restitution in any case involving delinquent juveniles: “[i]t is declared to be the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution…”
BJL v. State, 326 S.E.2d 519 (Ga. Ct. App. 1985).
· cites it 2× “OCGA § 17-14-5 (b) provides: "The juvenile courts are expressly authorized to order restitution as a condition or limitation of the probation of delinquent or unruly juveniles in the same manner as is authorized by this article for adult offenders.”
CP v. State, 306 S.E.2d 685 (Ga. Ct. App. 1983).
· cites it 2× “OCGA § 17-14-5 (Code Ann. § 27-3005) authorizes juvenile courts to order restitution as a condition of probation subject to OCGA § 42-8-35 (Code Ann.”
In Re Wjf, 691 S.E.2d 271 (Ga. Ct. App. 2010).
· cites it 4× “Pursuant to OCGA § 17-14-5(a), (b) it is "the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases," and further, "the juvenile courts shall order restitution in any case…”
In Re Ew, 658 S.E.2d 854 (Ga. Ct. App. 2008).
· cites it 2× “In OCGA § 17-14-5(a), the legislature expressly recognized that, as a matter of state policy, "restitution is consistent with the goal of rehabilitation of delinquent juveniles.”
C. P. v. State, 167 Ga. App. 374 (Ga. Ct. App. 1983).
· cites it 2× “OCGA § 17-14-5 (Code Ann. § 27-3005) authorizes juvenile courts to order restitution as a condition of probation subject to OCGA § 42-8-35 (Code Ann.”
— 17-14-5(a) — 2 cases
In Re Wjf, 691 S.E.2d 271 (Ga. Ct. App. 2010).
“Pursuant to OCGA § 17-14-5(a), (b) it is "the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases," and further, "the juvenile courts shall order restitution in any case…”
In Re Ew, 658 S.E.2d 854 (Ga. Ct. App. 2008).
“In OCGA § 17-14-5(a), the legislature expressly recognized that, as a matter of state policy, "restitution is consistent with the goal of rehabilitation of delinquent juveniles.”
— 17-14-5(b) — 1 case
In Re Wjf, 691 S.E.2d 271 (Ga. Ct. App. 2010).
“Pursuant to OCGA § 17-14-5(a), (b) it is "the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases," and further, "the juvenile courts shall order restitution in any case…”
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