New York Court Acts|SECTION 758-A

                                                

  § 758-a. Restitution. 1. In cases involving acts of children over
twelve and less than eighteen years of age, the court may

(a) recommend as a condition of placement, or order as a condition of
probation or suspended judgment, restitution in an amount representing a
fair and reasonable cost to replace the property or repair the damage
caused by the child, not, however, to exceed one thousand dollars. The
court may require that the child pay out of his or her own funds or
earnings the amount of replacement or damage, either in a lump sum or in
periodic payments in amounts set by the court; and/or

(b) order as a condition of placement, probation, or suspended
judgment, services for the public good including in the case of a crime
involving willful, malicious, or unlawful damage or destruction to real
or personal property maintained as a cemetery plot, grave, burial place,
or other place of interment of human remains, services for the
maintenance and repair thereof, taking into consideration the age and
physical condition of the child.

2. If the court recommends restitution or requires services for the
public good in conjunction with an order of placement pursuant to
section seven hundred fifty-six, the placement shall be made only to an
authorized agency which has adopted rules and regulations for the
supervision of such a program, which rules and regulations shall be
subject to the approval of the state department of social services. Such
rules and regulations shall include, but not be limited to provisions
(i) assuring that the conditions of work, including wages, meet the
standards therefor prescribed pursuant to the labor law; (ii) affording
coverage to the child under the workers' compensation law as an employee
of such agency, department or institution; (iii) assuring that the
entity receiving such services shall not utilize the same to replace its
regular employees; and (iv) providing for reports to the court not less
frequently than every six months, unless the order provides otherwise.

3. If the court requires restitution or services for the public good
as a condition of probation or suspended judgment, it shall provide that
an agency or person supervise the restitution or services and that such
agency or person report to the court not less frequently than every six
months, unless the order provides otherwise. Upon the written notice
sent by a school district to the court and the appropriate probation
department or agency which submits probation recommendations or reports
to the court, the court may provide that such school district shall
supervise the performance of services for the public good.

4. The court, upon receipt of the reports provided for in subdivision
two of this section may, on its own motion or the motion of any party or
the agency, hold a hearing to determine whether the placement should be
altered or modified.