Can a probation order that a defendant stay off welfare by getting and keeping a job as a condition of probation be enforceable?

California, United States of America


The following excerpt is from People v. Hodgkin, 194 Cal.App.3d 795, 239 Cal.Rptr. 831 (Cal. App. 1987):

However, even if this record failed to indicate such acquiescence on defendant's part, the statutory provision is not unconstitutional so long as the restriction on defendant's freedom, i.e., her "freedom" to be unemployed, is reasonably restricted in the public interest, i.e., the legitimate governmental concern for the rehabilitation of convicted criminals. In a somewhat analogous situation, an order that a defendant stay off welfare by getting and keeping a job as a condition of probation was upheld against challenges that it violated the due process clause of the Fourteenth Amendment, that it violated the defendant's equal protection rights, and that it unconstitutionally restricted the defendant's right to receive welfare benefits. (Clark v. Prichard (5th Cir.1987) 812 F.2d 991.)

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