What is the test for a restitution order in a criminal case?

Restitution in criminal proceedings is mandated by article I, section 28, subdivision (b) of the California Constitution, and that mandate has been carried out by our Legislature in section 1202.4, which provides in part: "(f) [I]n every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court.... The court shall order full restitution." (See People v. Mearns (2002) 97 Cal.App.4th 493, 498, 118 Cal.Rptr.2d 511.) We review a restitution order for abuse of discretion.

[9 Cal.App.5th 1252]

(People v. Baker (2005) 126 Cal.App.4th 463, 467, 23 Cal.Rptr.3d 871.) " " When there is a factual and rational basis for the amount of restitution ordered by the trial court, no abuse of discretion will be found by the reviewing court. " ' " (Ibid . )

The intent of voters in approving article 1, section 28 of the California Constitution is plain: "[E]very victim who suffers a loss shall have the right to restitution from those convicted of the crime giving rise to that loss." (People v. Phelps (1996) 41 Cal.App.4th 946, 950, 48 Cal.Rptr.2d 855.) Accordingly, " " [a] victim's restitution right is to be broadly and liberally construed. " ' " (People v. Keichler (2005) 129 Cal.App.4th 1039, 1045, 29 Cal.Rptr.3d 120.)

By its terms, the restitution statute allows for recovery of a broad variety of economic losses that are incurred as a result of the defendant's criminal conduct. ( 1202.4, subd. (f)(3).) The categories for which restitution may be ordered "includ[e], but [are] not limited to" payment for the value of stolen or damaged property, medical expenses, mental health counseling expenses, wages or profits lost by the victim , noneconomic losses including psychological harm, interest, attorney fees, moving expenses, extra security, and expenses to retrofit a house or car to make them accessible. (Ibid .) However, "[b]ecause the statute uses the language including, but not limited to these enumerated losses, a trial court may compensate a victim for any economic loss which is proved to be the direct result of the defendant's criminal behavior, even if not specifically enumerated in the statute." (People v. Keichler , supra , 129 Cal.App.4th at p. 1046, 29 Cal.Rptr.3d 120.)

[215 Cal.Rptr.3d 639]