When will a court order restitution for a victim of a crime as a condition of probation?

California, United States of America


The following excerpt is from People v. Beck, 17 Cal.App.4th 209, 21 Cal.Rptr.2d 250 (Cal. App. 1993):

In ordering restitution for this purely economic loss, the court noted that Penal Code sections 1203.1 and 1203.04 govern when restitution is imposed as a condition of probation, and that Government Code section 13967 governs when probation is denied. Explaining that the two statutory schemes serve different purposes, the court stated: "When restitution is imposed as a condition of probation under section 1203 et seq., rehabilitation of the criminal is the primary goal of restitution. [Citation.] 'Implicit in the concept of rehabilitation is the need to first deter criminal activity. Courts have generally found an order requiring the defendant to compensate the victim to be a deterrent to future criminal activity. [Citations.]' [Citation.] [p] In contrast, 'Government Code section 13967 is designed to compensate crime victims for economic losses suffered as a direct result of a crime.' [Citations.] Although rehabilitation of the criminal is an ancillary purpose of a restitution award under this section, the primary purpose is to compensate California residents who suffer loss as a result of crime." (People v. Foster, supra, 14 Cal.App.4th at p. 950, 18 Cal.Rptr.2d 1, emphasis added.)

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