Is restitution a condition of probation under section 1203.1 of the California Probation Act?

California, United States of America


The following excerpt is from The People v. Anderson, 112 Cal.Rptr.3d 685, 235 P.3d 11, 50 Cal.4th 19 (Cal. 2010):

Restitution as a condition of probation has always been expressly authorized by section 1203.1. Originally, the statute called on trial courts to consider reparation or restitution as a condition of probation. (See Stats.1935, ch. 604, 2, p. 1708; People v. Birkett (1999) 21 Cal.4th 226, 234, fn. 8, 87 Cal.Rptr.2d 205, 980 P.2d 912.) The statute was amended in 1982 to require that restitution be imposed in proper cases. (Stats.1982, ch. 1413, 6, pp. 5403-5404; now 1203.1, subd. (a)(3).)

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