Okla. Admin. Code § 377:25-3-40

Current through Vol. 42, No. 8, January 2, 2025

Section 377:25-3-40 - Juvenile Offender Victim Restitution Work Program

(a) Title 10A O.S., § 2-7-801 authorizes the Office of Juvenile Affairs to develop and administer Juvenile Offender Victim Restitution Work Programs. The programs developed by the Office of Juvenile Affairs shall provide restitution to a victim by requiring the juvenile to work or provide a service for the victim, or to make monetary restitution to the victim from money earned from the programs. Restitution shall be made through the employment of the juvenile in work programs coordinated by the Office of Juvenile Affairs.

(b) The work programs shall not deprive the juvenile of schooling and shall not prohibit the juvenile from fulfilling restitution obligations through jobs the juvenile has found, by performing volunteer services for the community, or by doing work for the victim.

(c) A restitution agreement utilizing a Juvenile Offender Victim Restitution Work Program:

(1) shall not include restitution in excess of actual damages caused by the juvenile,

(2) shall be paid from the net earnings the juvenile receives through participation,

(3) shall consist of payment to the juvenile of no less than the federal minimum wage,

(4) shall take into account the age and physical and mental capacity of the juvenile,

(5) shall be designed to relate to the juvenile a sense of responsibility for the injuries caused to the person or property of another, and

(6) shall be approved by the district attorney or the court in accordance with 10A O.S., § 2-7-801(D).

(d) Where the Office of Juvenile Affairs has entered into contracts with private service providers for the implementation of the program, the Office of Juvenile Affairs may require that any service provider pay restitution directly to the victim or victims and pay any amounts due to the juvenile directly to the juvenile.

Okla. Admin. Code § 377:25-3-40

Added at 14 Ok Reg 1882, eff 6-2-97 ; Amended at 15 Ok Reg 966, eff 12-15-97 through 7-14-98 (emergency) ¹ ; Amended at 18 Ok Reg 2162, eff 7-1-01 ; Amended at 28 Ok Reg 2011, eff 7-15-11 ; Amended at 30 Ok Reg 712, eff 6-1-13

¹ This emergency action expired without being superseded by a permanent action. Upon the expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of 377:25-3-40 reverted back to the permanent text that became effective 6-2-97, as was last published in the 1997 OAC Supplement, and remained as such until amended by permanent action on 7-1-01.