Sem

I. Introduction

In this appeal we consider how long a term of probation can be extended to compel payment of victim restitution from a probationer who was unable to pay $60,422 in full during her original three-year term of probation.

Restitution for crime victims was recognized as a California constitutional right in 1982. Since 1983, Penal Code section 1203.2, subdivision (a) has provided that restitution shall be consistent with a probationer’s ability to pay and that probation cannot be revoked for nonpayment of restitution “unless the court determines that the defendant has willfully failed to pay and has the ability to pay.” Since 1959, section 1203.1 has provided that the length of felony probation may not exceed the maximum possible sentence, except that where the maximum sentence is five years or less, probation may last up to five years. (Stats. 1959, ch. 1016, § 1, p. 3038.)

In People v. Medeiros (1994) 25 Cal.App.4th 1260 [ 31 Cal.Rptr.2d 83 ] (Medeiros), this court determined that the probation statutes did not authorize extending probation beyond the statutory maximum time by revoking and reinstating probation in order to collect more victim restitution…