What is the current state of the law on due process in restitution hearings?
California, United States of America
The following excerpt is from People v. Maldonado, E070961 (Cal. App. 2019):
As explained previously, restitution hearings require fewer due process protections than criminal or civil trials. (People v. Chappelone (2010) 183 Cal.App.4th 1159, 1184;
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People v. Giordano (2007) 42 Cal.4th 644, 662, fn. 6.) "The trial court violates the defendant's due process right at a hearing to determine the amount of restitution if the hearing procedures are fundamentally unfair." (Cain, supra, 82 Cal.App.4th at p. 87, citing People v. Arbuckle (1978) 22 Cal.3d 749, 754.) Due process rights regarding restitution are protected when there is notice of the amount of restitution claimed and an opportunity is provided to challenge that amount. (Cain, at p. 86.) At the sentencing stage of a criminal prosecution, a defendant does not have a Sixth Amendment right of confrontation. (Arbuckle, at p. 754.) This limitation has been extended specifically to include restitution hearings. (Cain, at pp. 86-87.)
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