State v. R. D. M.

The timing requirement in ORS 419C.450(1)(a) requires the state to present its restitution evidence ‘prior to or at the time of adjudication’.

Juvenile defendant appealed an order for supplemental judgment of restitution.  On appeal, defendant argued the State failed to timely present evidence to support an order of restitution. Defendant asserted that the State’s evidence was invalidated because ORS 419C.450(1)(a) required the State to present its evidence at “time of adjudication”, which defendant argued was the close of the combined jurisdiction and disposition hearing.  The State argued the timing requirement extended up until the final judgment was memorialized.  The timing requirement in ORS 419C.450(1)(a) requires the state to present its restitution evidence ‘prior to or at the time of adjudication’.  The Court found the State failed to present evidence to support restitution until after judgment was entered. While the statute enables a supplemental hearing for setting a specific restitution amount to occur after adjudication, the plain terms require some restitution evidence to be presented on or before the adjudication.Thus, the Court held the restitution evidence was untimely under ORS 419C.450(1)(a). Reversed order for supplemental judgment, otherwise affirmed.