Okla. Stat. tit. 10A, § 10A-2-7-801

A. There is hereby created a program of juvenile crime victim

restitution to be administered by the Office of Juvenile Affairs.

The program shall be known as the "Juvenile Offender Victim

Restitution Work Program".

B. The Board of Juvenile Affairs shall promulgate rules

necessary for the implementation of the provisions of this section.

Until the rules are promulgated by the Board, the rules promulgated

by the Commission for Human Services shall remain in effect.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 452

C. The programs developed under the provisions of this section

shall provide restitution to a victim by requiring the juvenile to

work or provide a service for the victim, or to make monetary

restitution to the victim from money earned from such a program.

Restitution shall be made through the employment of the juvenile in

work programs. The supervised work or service program shall not

deprive the juvenile of schooling which is appropriate to the age,

need, and specific rehabilitative goals of the juvenile. The

program shall not prohibit the juvenile from fulfilling restitution

obligations through jobs the juvenile has found, by performing

volunteer services for the community, or by doing work for the

victim.

D. Agreements for participation in the programs under this

section may include restitution not in excess of actual damages

caused by the juvenile which shall be paid from the net earnings of

the juvenile received through participation in a constructive

program of service or education acceptable to the juvenile, the

victim, the Office of Juvenile Affairs, the district attorney and/or

the district court. During the course of such service, the juvenile

shall be paid no less than the federal minimum wage. In considering

a restitution agreement, the Office of Juvenile Affairs, the

district attorney and/or the district court shall take into account

the age, physical and mental capacity of the juvenile. The service

shall be designed to relate to the juvenile a sense of

responsibility for the injuries caused to the person or property of

another. If a petition has not been filed, the district attorney

shall approve the nature of the work, the number of hours to be

spent performing the assigned tasks and shall further specify that

as part of a plan of treatment and rehabilitation, that seventy-five

percent (75%) or more of the net earnings of the juvenile shall be

used for restitution in order to provide positive reinforcement for

the work performed. If a petition has been filed, the district

court may approve the nature of the work, the number of hours to be

spent performing the assigned tasks and may further specify that as

part of a plan of treatment and rehabilitation, that seventy-five

percent (75%) or more of the net earnings of the juvenile shall be

used for restitution.

E. The Office of Juvenile Affairs may enter into contracts with

private service providers for implementation of the program required

by this section. The Office may require, as a condition of the

contract, that the service provider pay restitution directly to the

victim or victims and pay any amounts due to the juvenile directly

to the juvenile. The records of any service provider that contracts

with the Office pursuant to this section shall be subject to

inspection by any employee of the Office of Juvenile Affairs

designated by the Executive Director of the Office of Juvenile

Affairs. The Office of Juvenile Affairs may subsidize the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 453

employment of a juvenile for the purposes of participation in a work

program as provided by this section.

F. Any person, entity or political subdivision who is an

employer of juveniles or recipient of services from a juvenile,

pursuant to an agreement with the Juvenile Offender Victim

Restitution Work Program shall not be liable for ordinary negligence

for:
ildren and Juvenile Code Page 453

employment of a juvenile for the purposes of participation in a work

program as provided by this section.

F. Any person, entity or political subdivision who is an

employer of juveniles or recipient of services from a juvenile,

pursuant to an agreement with the Juvenile Offender Victim

Restitution Work Program shall not be liable for ordinary negligence

for:

1. Damage to the property of the juvenile or injury to the

juvenile except as to the liability established by the Workers'

Compensation Act if the juvenile is covered thereunder; or

2. Damage to any property or injury to any person which results

from the services of the juvenile pursuant to this section.