Missing the Restitution Deadline In Arizona
In In re Kevin A., 201 Ariz. 161, 32 P.3d 1088 (App. 2001), a juvenile appealed a restitution order where the victim missed the thirty-day restitution deadline. Id. at 162, P 1, 32 P.3d at 1089.
At the disposition hearing, the court set a thirty-day deadline for the victim to file a verified victim statement and specifically stated, "restitution will be closed" if the victim fails to timely file such statement. Id. at P 3. the State filed a request for a restitution hearing after the deadline had passed, but did not provide any reason for its late filing. Id. at P 5.
The victim filed a verified victim statement more than a month after the deadline had expired. Id.
Without stating any reasons, the juvenile court ordered the juvenile to pay restitution. Id.
On appeal, this court vacated the restitution order, relying on the reasoning of Alton D., and further stated, "the supreme court did not authorize juvenile courts to extend juvenile proceedings indefinitely or to ignore a firm deadline without cause." Id. at P 10.