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Teen must pay for electronic monitoring device through community service

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The Indiana Court of Appeals upheld the order by a juvenile court that required a teen who cut off her electronic monitoring device to make restitution for the device through community service.

A.H. admitted to what would be a Class D felony theft if she was an adult and received a suspended commitment to the Indiana Department of Correction. After violating her probation, she was placed on electronic monitoring and signed an agreement that she would be required to pay for any damage or replacement costs of equipment.

A.H. cut off the device, left it in a park and ran away. At a dispositional hearing, the juvenile court ordered her to pay $575 in restitution for the device by way of performing community service, the amount specified in the electronic monitoring agreement. A.H. objected, but the court ordered her to perform the community service.

The same rule that applies in criminal cases – that a trial court is free to award restitution as part of the sentence when the plea agreement does not include restitution but the sentence is left open – should also apply in juvenile cases, the COA held. So even though no restitution was mentioned in the admissions agreement, the juvenile court could properly order it because the disposition was left open.

It does not matter that the juvenile court did not make a direct inquiry into A.H.’s ability to pay because she was not required to make monetary restitution. The trial court imposed the community service aspect based on A.H.’s mother’s recommendation.

Finally, the COA found the state established the actual amount of loss that happened when A.H. cut off her device. The evidence shows the teen signed the agreement that stated the electronic monitoring device was worth $575, and A.H. stipulated to that amount when she signed the agreement. This agreement was before the trial court and the amount was repeated by the probation officer, wrote Judge John Baker in A.H. v. State of Indiana, 49A05-1309-JV-450.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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