People v. Heng Sem

Opinion

GROVER, J.

I. Introduction

In this appeal we consider how long a term of probation can be extended to compel payment of victim restitution from a probationer who was unable to pay $60,422 in full during her original three-year term of probation.

Restitution for crime victims was recognized as a California constitutional right in 1982. Since 1983, Penal Code section 1203.2, subdivision (a) 1 has provided that restitution shall be consistent with a probationer’s ability to pay and that probation cannot be revoked for nonpayment of restitution “unless the court determines that the defendant…