CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation & Wardship
............Conditions: Restitution
 17 Cards On This Topic:
  • Determination of amount and manner of restitution to victim or Restitution Fund.
  • Given constitutional mandates, W&IC 730.6 includes derivative victims, and juvenile court had authority to award restitution to molest V’s family for mental health services. [Opn. on reh'g.]
  • M "successfully completed probation" and entitled to enforcement of plea agrmt. where no evidence his failure to pay full restitution was willful or attributable to anything other than inability to pay.
  • Juvenile court acted beyond the scope of its authority in rescinding order of victim restitution and instead ordering DA's office to negotiate with hospital to discount V's medical bills.
  • Trial court did not abuse its discretion when it ordered M to pay as restitution the higher repair costs rather than the lower replacement value of the vehicle he vandalized.
  • No error in ordering M to pay restitution on dismissed count as probation condition, w/o a Harvey waiver, as Harvey waiver inapplicable to delinquency cases before restitution can be ordered on dismissed counts.
  • Wage loss as restitution includes sick leave used by V—a valuable right which he lost as a direct result of M's conduct.
  • Restitution order that M pay V's burial/cremation expenses was justified by finding that M, who hit pedestrian while driving w/out license, was a substantial factor in pedestrian's death.
  • Cost of mental health services directly incurred by V of a crime committed by a juvenile is authorized as restitution per W&IC 730.6(h); restitution statutes require expansive reading.
  • Appropriate amount of restitution not limited by replacement value of stolen car.
  • M must pay restitution to V he rear ended even though car owner's insurance paid V as it was not "restitution directly from" M.
  • As V not a party to implied agreement b/t M and State, she couldn't release M from his victim restitution obligation by executing insurance release.
  • Trial court erred in failing to order victim restitution w/out regard to potential 3d party reimbursement, and in failing to consider D's evidence re necessity and amount of claimed repair costs.
  • Under Pen. Code §1203.1k, juvenile court must set amount of restitution absent minor’s consent to delegate function to probation officer.
  • Juvenile ct. order delegating to probation officer function of determining amount and terms of restitution proper.
  • Court may use any rational method of fixing amount of restitution which is calculated to make victim whole and is consistent with purpose of rehabilitation.
  • Restitution is reasonable condition of probation and may include restitution for dismissed offenses.


    •