"Reimagining Restitution: New Approaches To Support Youth And Communities"

The title of this post is the title of this new report from the Juvenile Law Center. Here is part of the report's executive summary:

Across the country, juvenile courts impose restitution orders on youth too young to hold a job, still in full-time school, and often living in families already struggling to get by. This process doesn’t work for anyone.  Because children can’t make restitution payments, people owed restitution often don’t get paid or face long delays before they are compensated. Meanwhile, restitution is linked to higher recidivism rates for children, family stress, and deeper justice system involvement. In short, no one wins.

Restitution laws also heighten racial and economic disparities in the juvenile justice system. Most young people who make mistakes, including those who damage property, don’t end up in the justice system at all. Instead, schools, families, and communities solve the problem in ways that work for everyone involved. Because of structural racism, discrimination, economic disparities, and persistent bias, however, certain groups of youth are disproportionately pulled into the justice system for the same types of mistakes. The risk of system involvement is particularly high for Black, Latinx, Indigenous, and other youth of color, young people in poverty, youth with disabilities, and LGBTQIA+ youth.1 As described in this publication, young people then face a rigid and unforgiving set of restitution laws, including severe consequences for nonpayment.

This report provides an overview of the legal framework for restitution in juvenile court, examines the impact on youth, families, and people owed restitution, and highlights key recommendations as jurisdictions across the country begin to reimagine restitution.