LOGICAL AND CONSTITUTIONAL PROBLEMS ARE POSED BY DIFFERENT METHODS OF ORDERING RESTITUTION, AND NUMEROUS LEGAL ISSUES ARISE WHEN RESTITUTION PROGRAMS ARE OPERATED. TO BE SAFE FROM LEGAL ATTACK, RESTITUTION PROGRAMS SHOULD REQUIRE A FINDING BY A NEUTRAL AND DETACHED JUDICIAL OFFICER THAT THE YOUTH HAS COMMITTED THE ACTS HE IS ALLEGED TO HAVE COMMITTED BEFORE THE YOUTH IS ELIGIBLE FOR A COURT-SPONSORED RESTITUTION. IN ADDITION, THE COURT SHOULD BE THE AGENCY TO MAKE THE FINAL ORDER AS TO THE AMOUNT, TYPE, AND METHOD OF MEETING THE RESTITUTION REQUIREMENT. SINCE A RESTITUTION ORDER AFFECTS AN OFFENDER'S RIGHT TO PROPERTY IN THE MONIES HE WILL BE REQUIRED TO PAY THE VICTIM AND HIS FREEDOM FROM 'PROBATIONARY' CONDITIONS, THE ORDER SHOULD BE THE RESULT OF A DECISION BALANCING THE INTEREST OF THE STATE WITH THE PROTECTION OF THE OFFENDER'S RIGHTS. IN SETTING THE RESTITUTION AMOUNT, COURTS SHOULD CONSIDER THE NATURE OF THE LOSS CAUSED BY THE OFFENDER, ANY PRIOR OFFENSES, AND WHETHER OR NOT THE OFFENDER WAS ACTING WITH MALICE AT THE TIME OF THE OFFENSE. THEY SHOULD ALSO TAKE INTO ACCOUNT THE OFFENDER'S ABILITY TO PAY. SINCE STATES DO NOT HAVE UNIFORM SCOPE GUIDELINES FOR RESTITUTION, IT IS SUGGESTED THE STATES WITH NO LAWS REQUIRE PAYMENT ONLY FOR LOSSES DIRECTLY RESULTING FROM THE CRIME AND THAT INJURED VICTIMS BE REQUIRED TO RECOVER THEIR LOSSES IN CIVIL RATHER THAN CRIMINAL PROCEEDINGS. TO AVOID PROBLEMS ASSOCIATED WITH NONCOMPLIANCE, COURTS SHOULD MAKE ACCOMMODATIONS TO OFFENDERS WITH NO ABILITY TO PAY BUT SHOULD AND CONSTITUTIONALLY CAN INCARCERATE THOSE OFFENDERS WITH ABILITY TO PAY WHO FAIL TO DO SO. REFERENCES ARE PROVIDED. (DAG)