MELISSA J. v. Superior Court

Petition for Writ of Mandate/Prohibition

This petition, brought by the victim of criminal conduct and by her mother, challenges a ruling terminating restitution to the victim. The ruling was made without notice to the victim or an opportunity to object to the defendant’s motion to terminate restitution. We conclude that the court violated Penal Code section 1191.1, a provision added as part of Proposition 8, “The Victims’ Bill of Rights,” adopted June 8,1982. We set aside the order terminating restitution.

Carl Edward Williams was convicted of molesting Melissa J., who is now nine years old. As part of his probation order, he was ordered to pay the victim $400 per month for psychological counseling with her chosen therapist. Melissa J. entered a therapeutic relationship with a counselor and was said to be progressing well when, on August 12, 1986, she was first notified that a week earlier the court had ordered termination of the restitution requirement. Notice came in a letter from a probation officer, with a copy of the order attached. The letter advised her that she would be responsible for the cost of any treatment received after July 30, 1986. Fearing that the…