Tennessee Code 37-1-131 – Delinquent child – Disposition – Restitution
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
class B felony | 8 to 30 years | up to $25,000 |
class C misdemeanor | up to 30 days | up to $50 |
Terms Used In Tennessee Code 37-1-131
- Adult: means any person eighteen (18) years of age or older. See Tennessee Code 37-1-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Child: means :
(A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102 - Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102
- Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
- Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delinquent act: means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to §. See Tennessee Code 37-1-102
- Delinquent child: means a child who has committed a delinquent act and is in need of treatment or rehabilitation. See Tennessee Code 37-1-102
- Department: means the department of children's services. See Tennessee Code 37-1-102
- Dependent: A person dependent for support upon another.
- Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Evidence-based: means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool. See Tennessee Code 37-1-102
- Financial obligations: means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution. See Tennessee Code 37-1-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
- Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
- Month: means a calendar month. See Tennessee Code 1-3-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restitution: means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense. See Tennessee Code 37-1-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Validated risk and needs assessment: means a determination of a child's risk to reoffend and the needs that, when addressed, reduce the child's risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that predict delinquent behavior. See Tennessee Code 37-1-102
- written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
- Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
THEN, notwithstanding § 37-1-133(b) or any other law to the contrary, the recipient of such restitution may convert the unpaid balance of the restitution ordered by the court into a civil judgment in accordance with the procedure set out in this subsection (b). The payment of such civil judgment shall be at the same payment schedule as that as when the offender was a juvenile.