At the time of sentencing, a victims losses are not yet known. How should the issue of assessing a restitution order be handled?
According to Penal Code section 1202.4(f), in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in the amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. In those cases when the amount of loss cannot be ascertained, the court shall order restitution with a provision that the amount “to be determined” (TBD). In the future, once expenses are shown, the court can then order that amount of restitution to be paid.
