Is a court's discretion to order restitution as a condition of probation valid?

California, United States of America


The following excerpt is from People v. David C. (In re David C.), A148082 (Cal. App. 2017):

A trial court's discretion to order restitution as a condition of probation, " 'although broad, nevertheless is not without limits; a condition of probation must serve a purpose specified in the statute.' [Citations.] [] We determine whether the restitution order, as a condition of probation, is arbitrary or capricious or otherwise exceeds the bounds of reason under the circumstances. [Citations.] 'A condition of probation will not be held invalid unless it "(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality . . . ." ' (People v.

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