Rule 7-307. Use of money in the restitution fund.

Intent:

To establish a uniform procedure governing the use of funds paid to the rehabilitation employment program for delinquent minors.

Applicability:

This rule shall apply to disbursement of funds from the Juvenile Court's rehabilitation employment program fund.

Statement of the Rule:

(1) The primary purpose of the fund is to compensate victims for losses incurred as a result of juvenile delinquency where the youth has no other means to pay restitution. The secondary purpose of the fund is to help delinquent youths meet their restitution obligations by giving them an opportunity to work in public service.

(2) No less than 80% of the estimated average annual amount of the fund in each judicial district is to be paid directly to victims as compensation for their loss.

(3) Up to 20% of the fund may be used to pay for non-victim compensation activities such as necessary insurance coverage, supervisors, equipment and transportation for compensatory service activities. Expenditures made from the fund for functions other than direct victim compensation shall be approved by the Juvenile Court Administrator for any amount of two hundred and fifty dollars or more. Court Executives may authorize payments for any amount less than two hundred and fifty dollars.

(4) Employers from the private sector may be subsidized from the fund to encourage their employment of youths in the program as long as at least two dollars is returned to a victim for every one dollar of job subsidy the employer receives.

(5) Funds may be transferred between counties within each judicial district as required. The Court Executive shall recommend the amount to be transferred and with the approval of the judge or presiding judge in the district such transfers may be made. Written documentation of each transfer, including the reason for the transfer, shall be prepared by the Court Executive and maintained in a special file for auditing purposes.