Is a defendant who is indigent at the time of sentencing entitled to restitution even if he is not?
MultiRegion, United States of America
The following excerpt is from U.S. v. Devine, 77 F.3d 490 (9th Cir. 1996):
A sentencing court is not prohibited from imposing restitution even on a defendant who is indigent at the time of sentencing so long as the record indicates that the court considered the defendant's future ability to pay. In addition, "at the time restitution is ordered the record must reflect some evidence the defendant may be able to pay restitution in the amount ordered in the future."
United States v. Newman, 6 F.3d 623, 631 (9th Cir.1993).
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