N.Y. Family Court Act § 758-a: Restitution

§ 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.