In re J.G.

In this challenge brought by J.G., a juvenile, to a restitution order the Supreme Court remanded the matter for a new hearing regarding J.G.’s ability to pay restitution, holding that the juvenile court did not violate federal law by considering J.G’s receipt of Supplemental Security Income Program (SSI) benefits for purposes of assessing J.G.’s ability to pay restitution but that a new ability to pay hearing was required that includes consideration of J.G.’s future earning capacity, his current financial circumstances, and the total amount of restitution to be ordered.J.G. was charged by petition with trespassing and vandalism. The juvenile court granted deferred entry of judgment on condition that J.G. pay restitution in the total amount of $36,381 at the rate of $25 per month. The court later dismissed the petition and ordered that the restitution award may be enforced as a civil judgment. J.G. challenged the restitution order on appeal. The court of appeal affirmed. The Supreme Court remanded the matter, holding that, based on the People’s concession that the ability to pay determination would be “improper” if the juvenile court “was contemplating the social security money as the source of the restitution payments,” remand was necessary for a new ability to pay hearing. View "In re J.G." on Justia Law