Section 299.680  Restitution Procedures

a)         The Behavior Committee may recommend that the resident make restitution in any amount not to exceed actual out-of-pocket expenses or loss caused by the conduct of the resident.  Restitution may include performing repairs and cleaning instead of monetary reimbursement.  Restitution that consists of labor shall not be compensated.  The Behavior Committee shall determine the amount and the conditions of payment.

b)         If the Program Director concurs with the recommendation of the Behavior Committee and determines that restitution for damage to property or person is appropriate, it shall ask the resident to agree to perform the necessary labor or authorize disbursement from his or her trust fund or from any other account of the resident.

1)         If the resident agrees to make restitution he shall sign an agreement to perform labor or an authorization for disbursement of funds either to the State or appropriate individual.

2)         If the resident refuses to agree to perform labor or authorize disbursement of his or her current funds or future earnings in accordance with the Program Director's determination, the Program Director may recommend that a hold be placed on the resident's account for such amount, and may further recommend that commissary privileges and/or State pay be suspended in whole or in part for a definite period of time.  However, the resident shall be permitted to retain a sufficient amount of funds to purchase basic personal hygiene items if such items are not provided by the facility.

c)         The Behavior Committee may consider the resident's willingness to make restitution in imposing any other behavioral restrictions.

d)         A resident shall not be subjected to greater behavioral restrictions because he is without funds and therefore unable to make restitution.

e)         In the event a resident is released prior to full payment of restitution, arrangements shall be made for payment of the balance of the authorized restitution by the resident.