What is a court's power to order restitution as a condition of probation?

contrast to a court's power to order restitution as a condition of probation. As we explained in People v. Carbajal (1995) 10 Cal.4th 1114, 43 Cal.Rptr.2d 681, 899 P.2d 67 (Carbajal ), "[i]n granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety," including the power to "regulate conduct not itself criminal " but " reasonably related to the crime of which the defendant was convicted or to future criminality. " (Id. at pp. 11201121, 43 Cal.Rptr.2d 681, 899 P.2d 67, quoting People v. Lent (1975) 15 Cal.3d 481, 486, 124 Cal.Rptr. 905, 541 P.2d 545 ; see Pen. Code, 1203.1, subd. (j).) This discretion, we noted, has long been held to include the power to order restitution "even when the loss was not necessarily caused by the criminal conduct underlying the conviction," including in cases in which "the loss was caused by related conduct not resulting in a

[394 P.3d 1070]

conviction [citation], by conduct underlying dismissed and uncharged counts [citation], and by conduct resulting in an acquittal [citation]." (Carbajal , at p. 1121, 43 Cal.Rptr.2d 681, 899 P.2d 67.) We held in Carbajal that this power was unaffected by the passage of Proposition 8 or its implementing legislation, neither of which manifested an intent to abrogate courts' discretion to order restitution as a condition of probation "where the victim's loss was not the result of the crime underlying the defendant's conviction, but where the trial court finds such restitution will serve" the purposes of probation. (Carbajal , at p. 1122, 43 Cal.Rptr.2d 681, 899 P.2d 67.) A trial court's power to order restitution in probation cases is thus broader than its power to order direct victim restitution under section 1202.4 in cases in which the defendant receives a nonprobationary sentence. (See People v. Anderson (2010) 50 Cal.4th 19, 29, 112 Cal.Rptr.3d 685, 235 P.3d 11 ["Trial courts continue to retain authority to impose restitution as a condition of probation in circumstances not otherwise dictated by section 1202.4.... When section 1202.4 imposes its mandatory requirements in favor of a victim's right to restitution,

[2 Cal.5th 1102]