California Supreme Court
In RE J.G., a Person Coming Under the Juvenile Court Law. the People, Plaintiff and Respondent v. J.G., Defendant…
February 25, 2019243 Cal. Rptr. 3d 827
Summary
The court held that restitution imposed in a deferred entry of judgment proceeding may be converted into an enforceable civil judgment even after the petition is dismissed and the records are sealed. It also held that federal law does not categorically prohibit considering SSI benefits when assessing ability to pay, but accepted the People's concession that the juvenile court improperly treated those benefits as the source of restitution payments. The court therefore reversed and remanded for a new ability-to-pay hearing addressing future earning capacity, current financial circumstances, and the total restitution amount.