An Act To Ease Financial Burdens for Juveniles Involved in the Justice System
Maine Legislature, Session 129, LD 1304
Committee Amendment CA_A_H616 (House)
Amends: 15 MRSA §3313, 15 MRSA §3314, 15 MRSA §3314-C

COMMITTEE AMENDMENT .. fl,, to H.P. 947, L.D. 1304, Bill, "An Act To Ease 
Financial Burdens for Juveniles Involved in the Justice System" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA §3313, sub-§2, ~' as enacted by PL 1977, c. 520, §1, is 
amended to read: 
F. The juvenile has made or has agreed to make oo restitution to the victim of his 
the juvenile's conduct for the damage or injury that the victim sustained in an amount 
that the court has determined is within the juvenile's ability to pay pursuant to section 
3314-C; 
Sec. 2. 15 MRSA §3314, sub-§1, ~, as amended by PL 2019, c. 113, Pt. C, §46, 
is further amended to read: 
E. The court may require the juvenile to make .QID': restitution for aay aamage to the 
vietim or other al:ithorizea elaimaat as eompensatioH: for eeoH:omie loss 11poH: 
reasoH:able eooaitioos that the eourt aetermiH:es af)f)ropriate. For the flarposes of this 
f)aragraf)h, the f)ro-visioH:s of Title 17 } .. , ehapter e9 apply, eJEeeJJt that seetioH: 2015 
aoes n.ot apply. EaforeemeH:t of a restitutioH: order is available pursuaat to SllbseetioH: 
7. If the restitution was a eonaitioH: of f)robatioH:, the attorney for the State may, with 
written eon.sent of the juveaile eommuaity eorreetioas offieer, file a motion to revoke 
tirobatioH: pursuant to section 3314-C. 
Sec. 3. 15 MRSA §3314, sub-§7, as amended by PL 2009, c. 608, §2, is further 
amended to read: 
7. Enforcement of a dispositional order or order to appear. After notice and 
hearing and in accordance with the Maine Rules of Civil Procedure, Rule 66, the court 
may exercise its inherent contempt power by way of a plenary contempt proceeding 
involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, to 
enforce the disposition ordered following an adjudication for a juvenile crime or to 
enforce any order requiring the appearance of a juvenile before the court. The court may 
COMMITTEE AMENDMENT 
•':!d,· 
ii 
:~ 
COMMITTEE AMENDMENT "A "to H.P. 947, L.D. 1304 
not order confinement as a contempt sanction for any juvenile who has not attained 14 
years of age. Any confinement imposed as a punitive or remedial sanction upon a person 
who has not attained 18 years of age may not exceed 30 days and must be served in a 
facility approved or operated by the Department of Corrections exclusively for juveniles. 
Any confinement imposed as a punitive or remedial sanction upon a person who has 
attained 18 years of age, if to be served in a facility approved or operated by the 
Department of Corrections exclusively for juveniles, may not exceed 30 days. To enforce 
the disposition ordered following an adjudication for a juvenile crime defined in section 
3103, subsection 1, paragraphB or C upon a person who has not attained 18 years of age, 
the court shall, at the time of the disposition, provide written notice to the juvenile of the 
court1s authority to enforce the dispositional order through an exercise of its inherent 
contempt power and that a contempt order could include an order of confinement for up 
to 30 days as a punitive sanction and for up to 30 days as a remedial sanction. Except as 
explicitly set out in this subsection, nothing in this subsection affects the court's ability to 
exercise its contempt powers for persons who have attained 18 years of age. 
ill additioa to the contempt powers deseribed in this Sllbsection, upon a default in 
payment of a fine or restitution, execution may be le:vied and other meas:ares authorized 
for the coY.ection of U:Rpaid civil jadgments may be taken. to collect the 1:U1paid fme or 
restitation. l'.. l~IY of eJEec1:1tioa does not dischafge a j1:1ven.ile confie:ed as a pl:lRitive 
sanction and does not dischafgc a j1:1v:enile coafie:ed as a remedial sanction until the full 
amOU:Rt of the fine or restitution has been. paid. 
Sec. 4. 15 MRSA §3314-C is enacted to read: 
§3314-C. Juvenile restitution 
1. Definitions. Terms used in this section have the same meaning as in Title 17-A. 
section 2002. unless otherwise indicated. 
2. 
Mandatory consideration of restitution. 
This subsection applies to the 
mandatory consideration of restitution. 
A. The court shall. whenever practicable, inquire of a prosecutor. law enforcement 
officer or victim with respect to the extent of the victim's economic loss and shall 
order restitution when authorized and appropriate. 
B. The order for restitution must designate the amount of restitution to be paid, that 
the order may be subject to modification or termination pursuant to subsection 6 and 
the person or persons to whom restitution must be paid. 
C. In any case in which the court determines that restitution should not be imposed in 
accordance with the criteria set forth in subsection 3. the court shall state on the 
record or in writing the reasons for not imposing restitution. 
3. Criteria for juvenile restitution. The criteria for ordering restitution to be paid 
by a juvenile are as follows. 
A. Restitution as part of a juvenile disposition may be authorized, in whole or in part. 
as compensation for economic loss. In determining the amount of restitution a court 
is authorized to order a juvenile to pay, the court shall consider the following: 
(1) The contributory misconduct of the victim; 
COMMITTEE AMENDMENT 
<t;f 1 
... '-:( 2 
:=-;.,• 
COMMITTEE AMENDMENT ·A "to H.P. 947, L.D. 1304 
(2) Failure by the victim to report the crime to a law enforcement officer within 
hours after its occurrence, without good cause for failure to report within that 
time period; and 
(3) The present and future capacity of the juvenile to pay restitution. 
B. The court is not authorized to order that a juvenile pay restitution: 
(1) To a victim without that victim's consent: 
(2) To a victim who is an accomplice of the juvenile; 
(3) To a victim who has otherwise been compensated from a collateral source. 
but economic loss in excess of that collateral compensation may be authorized; 
(4) On a joint and several basis; or 
(5) When the amount and method of payment of monetacy: restitution places an 
excessive financial hardship on the juvenile or dependent of the juvenile. In 
making this determination, the court shall consider all relevant factors. including, 
but not limited to, the following: 
(a) The impact a restitution order would have on a juvenile, the juvenile's 
dependents and the juvenile's family. with particular consideration given to 
whether or not the juvenile or the juvenile's parents or guardians have been 
determined to be indigent; 
0,) 
The minimum living expenses of the juvenile and the juvenile's 
dependents. including any other persons who are actually dependent on the 
juvenile; 
(c) The special needs of the juvenile and the juvenile's dependents. including 
necessary travel expenses to and from work: 
(d) The juvenile's present income and potential future earning capacity; 
(e) The juvenile's resources; 
(f) The juvenile's age; 
(g) The juvenile's educational obligations; 
(h) The juvenile's participation in substance use disorder treatment or mental 
health treatment or both: 
(i) The stability or transience of the juvenile's living situation: 
G) The juvenile's access to transportation; 
(k) Work restrictions on juveniles as set forth in Title 26, chapter 7: and 
(1) The confinement of the juvenile as part of the juvenile's disposition. 
4. Authorized claimants. A court's order directing a juvenile to pay restitution is 
authorized only for: 
COMMITTEE AMENDMENT 
{J/ 
COMMITTEE AMENDMENT ·A" to H.P. 947, L.D. 1304 
A. The victim or victims. who must be natural persons. or a dependent of a deceased 
victim. A juvenile's obligation to pay restitution is not affected by the death of the 
victim to whom the restitution is due. In the case of the death of a victim. the money 
collected as restitution must be forwarded to the estate of the victim: and 
B. Any person legally authorized to act on behalf of the victim. 
5. Burdens of proof. At a hearing on a juvenile's capacity to pay restitution, there 
exists a rebuttable presumption that a juvenile who has not attained 16 years of age lacks 
the capacity to pay restitution. The State has the burden to rebut that presumption by a 
preponderance of the evidence. At a hearing in which a juvenile who has attained 16 
years of age asserts a present or future incapacity to pay restitution. the juvenile has the 
burden of proving the incapacity to pay restitution by a preponderance of the evidence. 
On appeal of a restitution order. as part of a juvenile disposition. the juvenile has the 
burden of demonstrating that the court abused its discretion in ordering an amount of 
restitution. 
6. Modification of orders on juvenile restitution. This subsection governs the 
modification of juvenile restitution orders. 
A. A juvenile who is not able to make restitution payments in the manner ordered by 
the court shall move the court for a modification of the time or method of payment. 
If the juvenile establishes by a preponderance of the evidence that the juvenile is 
unable to pay restitution in the time and manner ordered, the court may modify its 
prior order to reduce the amount of each installment or to allow additional time for 
payment. 
B. Upon motion of the juvenile. the juvenile's parent or parents or the juvenile's 
guardian. and upon notice to the State and providing an opportunity for the victim to 
comment on the motion, pursuant to Title 17-A. sections 2102. 2104 and 2105. the 
court may review the restitution order and may modify its dispositional order to 
reduce or eliminate the amount of restitution ordered when the court determines that 
the juvenile has established by a preponderance of the evidence that payment of the 
current restitution order would, based on a substantial change in the juvenile's 
circumstances, constitute an excessive financial hardship on the juvenile or the 
juvenile's dependents. Additionally. if a court determines that a juvenile's failure to 
pay restitution was not willful and was excusable, the court may order that the 
juvenile complete court-approved community service to offset the juvenile's 
restitution obligations at an hourly rate set by the court that may be no less than the 
minimum wage established in Title 26, section 664. 
7. Enforcement of an order of juvenile restitution. Notwithstanding section 3314, 
subsection 7. to enforce an order of restitution upon a finding that the juvenile has 
inexcusably failed to comply with the order. the court may not order confinement as a 
remedial or punitive contempt sanction unless the juvenile has in fact attained 16 years of 
age. Upon a motion by the State to enforce the payment of restitution. the court may 
order. in addition to other remedial or punitive contempt sanctions for an inexcusable 
failure to pay restitution. that a juvenile complete court-approved community service at 
an hourly rate set by the court that may be no less than the minimum wage established in 
Title 26, section 664.' 
COMMITTEE AMENDMENT 
C.c;j' 
COMMITTEE AMENDMENT "/J" to H.P. 947, L.D. 1304 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill. It enacts a new section in the Maine Juvenile Code 
governing court orders of restitution and orders to modify restitution. The new section: 
1. Requires that restitution be considered by the court and, when the court does not 
order restitution, that the court state on the record or in writing the reasons for not 
imposing restitution; 
2. Establishes criteria that must be considered in determining whether restitution is 
appropriate and the amount of restitution to be paid. 
The amendment specifically 
prohibits an order ofrestitution in enumerated circumstances; 
3. Clarifies to whom restitution may be paid; 
4. Establishes who has the burden of proof with regard to the capacity to pay 
restitution. If the juvenile has not attained 16 years of age, there is a rebuttable 
presumption that the juvenile does not have the capacity to pay restitution; the State may 
rebut the presumption by a preponderance of evidence. If the juvenile is 16 years of age 
or older, the juvenile has the burden of proving the incapacity to pay restitution by a 
preponderance of the evidence. On appeal, the juvenile has the burden of demonstrating 
that the court abused its discretion in ordering an amount of restitution; 
5. Provides for the modification of orders of juvenile restitution; and 
6. Provides that, in enforcing an order to pay restitution, the court may not enter an 
order for confinement as a remedial or contempt sanction unless the juvenile has in fact 
attained 14 years of age. The court may also order the juvenile to complete community 
service. 
COMMITTEE AMENDMENT