Sec. 45.
(1) In determining the amount of restitution to order under section 44, the court shall consider the amount of the loss sustained by any victim as a result of the offense. In determining whether to order the juvenile's supervisory parent to pay restitution under section 44(15), the court shall consider the financial resources of the juvenile's supervisory parent and the other factors specified in section 44(16).
(2) The court may order the person preparing a report for the purpose of disposition to obtain information pertaining to the factors set forth in subsection (1). That person shall include the information collected in the disposition report or in a separate report, as the court directs.
(3) The court shall disclose to the juvenile, the juvenile's supervisory parent, and the prosecuting attorney all portions of the disposition or other report pertaining to the matters described in subsection (1).
(4) Any dispute as to the proper amount or type of restitution shall be resolved by the court by a preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the prosecuting attorney. The burden of demonstrating the financial resources of the juvenile's supervisory parent and the other factors specified in section 44(16) shall be on the supervisory parent.
History: Add. 1988, Act 22, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 1996, Act 562, Eff. June 1, 1997
Structure Michigan Compiled Laws
Chapter 780 - Criminal Procedure
Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834)
Article 2 - (780.781...780.802)
Section 780.782 - Information to Be Given Victim.
Section 780.783 - Return of Property to Victim.
Section 780.783a - Statement on Complaint or Petition.
Section 780.784 - Separate Statement.
Section 780.786a - Speedy Trial.
Section 780.787 - Separate Waiting Area; Other Safeguards.
Section 780.788 - Testimony Not to Be Compelled; Hearing; Exemption From Disclosure; Exception.
Section 780.789 - Presence of Victim at Hearing; Sequestering of Victim.
Section 780.791 - Additional Notices to Victim.
Section 780.791a - Providing Victim With Form to Receive Certain Notices.
Section 780.792 - Report; Impact Statement.
Section 780.794 - Definitions; Order of Restitution to Be Made by Juvenile.
Section 780.794a - Allocation of Payment From Juveniles.
Section 780.795 - Factors in Determining Order of Restitution by Juvenile.
Section 780.795a - Early Termination of Probation of Juvenile; Notice to Victim.
Section 780.796 - Additional Notice to Victim; Rights of Victim in Further Proceedings or New Trial.
Section 780.796b - Deductions and Payments.
Section 780.798a - Notification by Court.
Section 780.799 - Providing Victim With Certified Copy of Order of Adjudicative Hearing.
Section 780.800 - Cause of Action for Money Damages Against State or Local Government Not Created.
Section 780.801 - Effect of Failure to Provide Right, Privilege, or Notice to Victim.