Does the trial court have to expressly find that a probationer has the ability to pay restitution before probation can be revoked for failure to do so?

California, United States of America


The following excerpt is from People v. Self, 233 Cal.App.3d 414, 284 Cal.Rptr. 458 (Cal. App. 1991):

We are aware of no reported decision holding the trial court must expressly find that a probationer has the ability to pay restitution before probation may be revoked for failure to make restitution. In People v. Ryan (1988) 203 Cal.App.3d 189, 249 Cal.Rptr. 750, the only decision to discuss the issue, the court in dictum found such a requirement. Noting the absence of any statutory requirement for a finding of ability to pay restitution imposed as a condition of probation, the court rejected the defendant's contention that the trial court abused its discretion in ordering him to pay [233 Cal.App.3d 418] restitution without determining his ability to pay. (Id. at pp. 193, 198-199, 249 Cal.Rptr. 750.) Moreover, the defendant had the opportunity to present evidence on his ability to pay, and had stated he could comply with restitution as a condition of probation. (Id. at pp. 196, 199, 249 Cal.Rptr. 750.)

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