Juvenile Restitution in Arizona

Restitution in Arizona can be assigned to the juvenile defendant's parents.

"[T]he court may order one or both of the juvenile's custodial parent to make restitution to the victim of the offense for which the juvenile was adjudicated delinquent." Arizona Rev. Stat. § 8-344(c). Ordering the juvenile defendant's parents to pay the restitution is well within the court's discretion, but is not automatic. Accordingly, I feel it is important that victims know about this section, and also know to ask for it affirmatively. This is an important step in ensuring that victims can collect the restitution due them. Juveniles are often judgment proof, whereas parents often own real or personal property that can be the subject of restitution liens. Furthermore, according to the statute, the court "shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order." Id.

How can restitution orders be enforced?

As you know, A.R.S. § 13-810 deals with the consequences of nonpayment of restitution. Accordingly, if the defendant defaults on the payment there are a couple of options. "The court . . . on petition of any person entitled to restitution pursuant to a court order . . . shall require the defendant to show cause." Ariz. Rev. Stat. § 13-810(a). If the court finds that the defendant willfully chose not to pay, the court shall find contempt and may 1) order the defendant incarcerated until the restitution is paid, 2) revoke the defendant's probation or parole or 3) enter an order for garnishment in accordance with A.R.S. § 13-812. Additional support for this approach is found in rule 26.12(c)(4) of the Rules of Criminal Procedure. For juvenile defendants, this is usually the end of the road, as few juveniles earn enough money to justify a garnishment order. That is one reason why I feel it important to have the restitution assigned to the parents of the juvenile.

Enforcing orders assigned to parents and on juveniles who are aging out.

A. Pursuing a show cause hearing leading to garnishment.