Chapter 202 Oregon Laws 2001

AN ACT

HB 2428

Relating to rewards for apprehension of youth offenders; amending ORS 419C.450.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419C.450 is amended to read:

419C.450. (1)(a) It is the policy of the State of Oregon to encourage and promote the payment of restitution and other obligations by youth offenders as well as by adult offenders. In any case within the jurisdiction of the juvenile court pursuant to ORS 419C.005 in which the youth offender caused another person any physical, emotional or psychological injury or any loss of or damage to property, the court shall consider restitution to the victim to be of high priority. There shall be a rebuttable presumption that the obligation to make such restitution is in the best interest of the youth offender as well as of the victim and society. For acts committed on or after December 5, 1996, the court shall order the prompt payment of restitution whenever possible.

(b) The court may order restitution, including but not limited to counseling and treatment expenses, for emotional or psychological injury under this section only:

(A) When the act that brought the youth offender within the jurisdiction of the court would constitute aggravated murder, murder or a sex crime if committed by an adult; and

(B) For an injury suffered by the victim or a member of the victim’s family who observed the act.

(2) Restitution for injury inflicted upon a person by the youth offender, [and] for property taken, damaged or destroyed by the youth offender and for a reward offered by the victim or an organization authorized by the victim and paid for information leading to the apprehension of the youth offender, may be required as a condition of probation. Restitution does not limit or impair the right of a victim to sue in a civil action for damages suffered, nor shall the fact of consultation by the victim be admissible in such civil action to prove consent or agreement by the victim. However, the court shall credit any restitution paid by the youth offender to a victim against any judgment in favor of the victim in such civil action. Before setting the amount of such restitution, the court shall notify the person upon whom the injury was inflicted or the owner of the property taken, damaged or destroyed and give such person an opportunity to be heard on the issue of restitution.

(3) If the youth offender has been placed in custody of the Oregon Youth Authority on probation or for placement at a youth correction facility, the court may order that the youth offender pay restitution, as provided in this section, and any assessment under ORS 137.290. In determining whether or not to order restitution or payment of an assessment under ORS 137.290 and, if so, the conditions of payment, the court shall take into consideration the availability to the youth offender of paid employment during such time as the youth offender may be committed to a youth correction facility.

(4) In determining whether or not to order restitution or an assessment under ORS 137.290, the court shall take into account:

(a) The financial resources of the youth offender and the burden that payment of restitution will impose, with due regard to the other obligations of the youth offender;

(b) The present and future ability of the youth offender to pay restitution on an installment basis or on other conditions to be fixed by the court; and

(5) Notwithstanding ORS 419C.501 and 419C.504, when the court has ordered a youth offender to pay restitution, as provided in this section, the judgment may be docketed and, if so, shall have the same effect as a judgment in a civil action, as provided in ORS 18.320, 18.350, 18.360 and 18.400. The judgment is in favor of the state and may be enforced only by the state. Notwithstanding ORS 419A.255, a judgment for restitution docketed under this subsection is a public record. The requirements of ORS 137.071 (9) apply to a judgment under this subsection.

Approved by the Governor May 25, 2001

Filed in the office of Secretary of State May 25, 2001

Effective date January 1, 2002

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