1. (1) In determining whether restitution, as authorized by 41-5-1304, 41-5-1512, or 41-5-1513, is appropriate in a particular case, the following factors may be considered in addition to any other evidence:

   1. (a) the age of the youth;
   2. (b) the ability of the youth to pay;
   3. (c) the ability of the parents, guardian, or those that contributed to the youth's delinquency or need for intervention to pay;
   4. (d) the amount of damage to the victim; and
   5. (e) legal remedies of the victim. However, the ability of the victim or the victim's insurer to stand any loss may not be considered.
2. (2) Restitution paid by a youth, a youth's parent or guardian, or a person who contributed to the delinquency of a youth is not subject to subrogation.

3. (3)

   1. (a) If, after a hearing held in accordance with 41-5-1432, the court finds that the youth made a good faith effort yet was unable to pay restitution in full, the court shall relieve the individual of the requirement, and the balance will be void and uncollectable.
   2. (b) If the court finds that a good faith effort was not made to pay restitution as ordered, the youth shall remain under the court's jurisdiction as provided in 41-5-208 until the age of 25. At the expiration of the court's jurisdiction, the balance of outstanding restitution is void and uncollectable.
   3. (c) A youth under obligation to pay restitution may petition the court at any time for modification of the restitution order.

History: En. Sec. 32, Ch. 550, L. 1997; amd. Sec. 76, Ch. 550, L. 1997; amd. Sec. 3, Ch. 199, L. 2023.