Is a restitution order made as a condition of probation enforceable?

California, United States of America


The following excerpt is from People v. Robles, H045795 (Cal. App. 2020):

Section 1203.1 governs the imposition of probation conditions including the imposition of restitution as a condition of probation. Subdivision (l) of section 1203.1 provides: "If the court orders restitution to be made to the victim, the entity collecting the restitution may add a fee to cover the actual administrative cost of collection, but not to exceed 15 percent of the total amount ordered to be paid. . . ." While the subdivision does not explicitly mention probation, its placement in section 1203.1 indicates that it applies where victim restitution is ordered as a condition of probation. (See People v. Guarneros (2016) 5 Cal.App.5th 42, 47.)

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