Policy 404 January 11, 1995
[The content of this policy was updated and transferred to N.D.R.Juv.P. 19, subdivisions (b) and (c), and Policy 401, section IV]
I. Authority and Effect of Policy
This policy is issued under Administrative Rule 35, which provides that
Court may adopt administrative policies governing the actions of juvenile courts and
personnel of the juvenile courts in North Dakota.
II. Legal Authority
In addition to the inherent power of the juvenile court to issue orders affecting
conduct and care of children within its jurisdiction, specific legal authority is provided in
Section 27-20-33, NDCC.
The North Dakota judicial system recognizes that restitution and community
programs are effective in reducing recidivism rates of juvenile offenders and in increasing
a sense of satisfaction in the justice system on the part of victims. Therefore, it is the policy
of the courts to include restitution and/or community service whenever appropriate.
Restitution and/or community service should be considered as the sanction for first-time
IV. Determination of Restitution Owed
A. In cases where a petition has been filed, the court shall determine
the amount of
restitution owed and include that determination in an order.
Note: The court officer may be asked to
investigate, mediate, or recommend
a restitution amount. However, the court must approve the final
B. In non-petition cases, the court officer shall set the restitution amount.
1. The determination of restitution amounts shall be subject to
and limitations that otherwise apply to informal adjustment (i.e.,
parental consent, limit on use of statements).
2. If a restitution amount cannot be agreed to, or if there is a willful
failure to pay, the case shall be considered for formal adjudication.
C. In determining the amount of restitution owed, the court or court officer
make the determination following the principals outlined in Section 12.1-32-08, NDCC.
D. If the court or court officer determines that there is an inability to pay all or
part of the restitution owed, assignment of community service hours should
V. Fiscal Accountability
Procedures for handling payment of restitution shall be in writing and approved
the fiscal department of the State Court Administrator's Office.
VI. Community Service
A. The Juvenile Policy Board shall establish a schedule of recommended
of service based on the type of offense and age of the offender.
B. In cases where a petition has been filed, the court shall determine the
of community service hours to be completed and shall include that
determination in an order.
C. In non-petition cases, the court officer shall set the community service
D. In referring a juvenile to a community service placement, the court officer
1. Ensure that work being performed is in compliance with child
2. The child is covered under Worker's Compensation by the agency
E. The child may be required to pay a reasonable fee to the agency or
to cover the cost of Worker's Compensation.
(Approved by Supreme Court 01/11/95, amended effective__________________.)