William J. Ford appeals from an order awarding victim restitution. He contends the court lost jurisdiction to award restitution when his probation term expired nine days earlier. We disagree. The court's retention of jurisdiction to determine and award victim restitution was permissible under Penal Code sections 1202.4 and 1202.46
We therefore affirm.
Ford severely injured Elaine Jennings in a hit-and-run accident in 2008. Following his no contest plea to leaving the scene of an accident, he was placed on three years' probation and ordered to pay $12,465.88 in restitution for Jennings's medical expenses. Ford's probation officer advised the court that Jennings also sought over $36,000 restitution for lost wages. Ford's counsel expressed his intent to request a hearing on the amount of restitution. The court expressly reserved jurisdiction to determine the amount of additional restitution.
On May 7, 2010, the probation department notified Ford that he owed Jennings $211,000 in victim restitution.
This timely appeal followed.
Ford contends the restitution award was a condition of his probation and therefore that the court had no jurisdiction to alter it once his probation term expired. His contention is without merit.
We had occasion to address a closely related issue in People v. Bufford (2007) 146 Cal.App.4th 966 [53 Cal.Rptr.3d 273] in which we held the trial court retained jurisdiction to adjudicate restitution following a defendant's completion of her prison sentence. We explained why California's restitution scheme, embodied in our Constitution and statutes, mandates this result: "Article I, section 28 was added to the California Constitution by initiative measure adopted by the voters June 8, 1982. Subdivision (b) provides, in part, `that all persons who suffer losses as a result of criminal activity shall have the right to restitution' and that `[r]estitution shall be ordered from the convicted persons in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss, unless compelling and extraordinary reasons exist to the contrary. The Legislature shall adopt provisions to implement this section during the calendar year following adoption of this section.' [¶] Implementing legislation was added to Penal Code section 1202.4 that now provides, in relevant part that `the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court....' (§ 1202.4, subd. (f).)" (People v. Bufford, supra, 146 Cal.App.4th at pp. 969-970, fn. omitted; see People v. Giordano (2007) 42 Cal.4th 644, 651-653 [68 Cal.Rptr.3d 51, 170 P.3d 623] [outlining legislative history].)
In Bufford we held that these provisions mean exactly what they say and that the completion of a prison term was irrelevant to the court's ability to exercise jurisdiction. "Under a reading of the plain language of section 1202.4, if the court cannot determine the amount of restitution at the time of sentencing, there is no limitation upon when the court must next set a
Ford attempts to distinguish Bufford on the ground that the defendant there was sentenced to prison, not probation, but nothing in sections 1202.4 or 1202.46 supports that distinction. To the contrary, section 1202.46 expressly provides that the trial court retains jurisdiction to award or modify restitution "until such time as the losses may be determined." The Legislature made no distinction between defendants sentenced to prison terms and those granted probation.
Ford maintains the difference is nonetheless meaningful because "where probation has been granted, restitution is no longer a sentencing issue, but rather becomes a condition of probation." Therefore, he argues, the court's power to modify restitution awards in probation cases is controlled exclusively by section 1203.3, which concerns the court's power to revoke, modify, or terminate probation orders during a probationary term. We disagree. Initially enacted in 1935, section 1203.3 was amended in 2000 to specify that "Nothing in this section shall be construed to prohibit the court from modifying the dollar amount of a restitution order pursuant to subdivision (f) of Section 1202.4 at any time during the term of the probation." (§ 1203.3, subd. (b)(5), italics added; see Historical and Statutory Notes, 50D West's Ann. Pen. Code (2004 ed.) foll. § 1203.3, p. 534.) Ford says this concluding phrase of subdivision (b)(5) means the court is prohibited from modifying the amount of restitution after probation ends, but subdivision (b)(5) neither says so nor, in view of section 1202.46's contrary directive, can it be applied to encompass that meaning. Subdivision (b)(5) is permissive, not restrictive. It takes nothing away from the court's authority to award restitution under section 1202.4.
The restitution order is affirmed.
Pollak, Acting P. J., and Jenkins, J., concurred.