Is a defendant required to pay restitution to the restitution fund where there is no victim?

California, United States of America


The following excerpt is from People v. Dailey, 235 Cal.App.3d Supp. 13, 286 Cal.Rptr. 772 (Cal. Super. 1991):

It would be unreasonable to interpret section 1203.04 to provide that a defendant must pay restitution to the restitution fund where there is no victim, yet must not be required to pay restitution to the victims whose cars he struck and damaged in a hit and run case. This conclusion is confirmed by section 1203.04, subdivision (f) which provides that nothing in the section shall be construed to limit the authority of the court to provide conditions of probation. See People v. Baumann (1985) 176 Cal.App.3d 67, 82-83, 222 Cal.Rptr. 32.

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