What is the test for restitution as a condition of probation for a convicted rapist?

California, United States of America


The following excerpt is from People v. Hidas, A145844 (Cal. App. 2016):

"In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to [section] 1203.1. [Citation.] . . . [] California courts have long interpreted the trial courts' discretion to encompass the ordering of restitution as a condition of probation even when the loss was not necessarily caused by the criminal conduct underlying the conviction. Under certain circumstances, restitution has been found proper where the loss was caused by related conduct not resulting in a conviction [citation], by conduct underlying dismissed and uncharged counts [citation], and by conduct resulting in an acquittal [citation]. There is no requirement the restitution order be limited to the exact amount of the loss in which the defendant is actually found culpable, nor is there any requirement the order reflect the amount of damages that might be recoverable in a civil action." (People v. Carbajal (1995) 10 Cal.4th 1114, 1120-1121 (Carbajal).) Thus, the court may "order restitution as a condition of probation where the victim's loss was not the result of the crime underlying the defendant's conviction, but where the trial court finds such restitution will serve one of the purposes set out in [section] 1203.1, subdivision (j)." (Id. at p. 1122.)

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