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Name: In re G. V.
Case #: E044318
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/27/2008

Welfare and Institutions Code section 742.16, subdivision (a) does not limit the juvenile court’s discretion in ordering probation conditions on minors who commit vandalism. Rather, the statute mandates certain additional, specific probation conditions in vandalism cases. The juvenile court declared appellant a ward of the court after he admitted committing an act of vandalism. The court placed appellant on probation and, over objection, ordered him to perform 100 hours of community service in a graffiti abatement program, and to pay victim restitution for the damage to the property. Appellant argued that under Welfare and Institutions Code section 742.16, subdivision (a)(1), the court could either impose restitution or community service, but not both. The Court of Appeal rejected the argument. In enacting section 742.16, the Legislature did not intend to limit the juvenile court’s authority to impose probation conditions on vandals. In fact, the express statement of legislative intent “to retain in the juvenile court the discretion needed to accomplish the goal of rehabilitation of minors” contained in section 742.10, subdivision (f), suggests just the opposite. The court is free to impose both community service, and victim restitution (which is actually mandatory).