The standards in Bearden v. Georgia state that restitution must be paid under which condition?

Prepare for the Community Corrections Exam 3. Utilize flashcards and multiple-choice questions with detailed explanations. Ensure exam readiness!

The standards established in Bearden v. Georgia emphasize that restitution is contingent upon the offender's ability to pay. This landmark case determined that it would be unconstitutional to revoke probation for failure to pay restitution if the offender does not have the means to make such payments. Essentially, the court acknowledged that while restitution is an important aim of rehabilitation and accountability, it should not result in further punishment or incarceration for those who genuinely lack the financial resources. This principle underscores the need for a fair assessment of an individual's financial situation before imposing strict restitution requirements, ensuring that punishment is not handed out for circumstances beyond the individual’s control. This approach promotes a balance between the payment of restitution and the recognition of financial realities.

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