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 is subject to subrogation as provided in 46-18-248.

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