Goals of the Study

In July 2024, the Office of the Executive Secretary, Supreme Court of Virginia (OES) contracted with the National Center for State Courts (NCSC) to study juvenile restitution in the Commonwealth, including: (i) the frequency of court-ordered juvenile restitution in the Commonwealth; (ii) the average amount of restitution ordered; (iii) the percentage of juveniles who pay court-ordered restitution in full; (iv) the percentage of juveniles penalized for failure to pay restitution; (v) the percentage of victims completely compensated with restitution; (vi) the demographics of juveniles ordered to pay restitution; and (vii) make recommendations based on the study findings to make the juvenile restitution process more rehabilitative while ensuring victims of crimes are compensated.

Overview of Findings

NCSC reviewed recent literature and best practices on restitution, conducted focus groups with system partners, and analyzed data from the Commonwealth’s juvenile court management system (JCMS) and financial accounting system (FAS).

The findings indicate that Virginia courts rarely order restitution in juvenile cases, although there is variation across counties in terms of the frequency, charge types (e.g., felony, misdemeanor), and offense categories (e.g., person, property) that result in an order of restitution. While the median amount of restitution ordered is $500 across the Commonwealth, that amount varies considerably by offense type and jurisdiction. When restitution is ordered in juvenile cases, it is typically paid in full within one year. Focus group participants noted that cases involving unpaid restitution often require more staff time and resources.

Overview of Recommendations

We offer the following recommendations to support a juvenile restitution process that is rehabilitative while ensuring victim compensation:

• Expand restitution alternatives that provide victim restoration and juvenile accountability

• Implement uniform timelines, payment tracking, and responsibilities in collecting and tracking restitution

• Empower victims with information about options and processes for restoration