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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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