Can restitution be ordered after the defendant is placed on probation?
• Yes. If the defendant is sentenced to probation, restitution can be ordered but only if there is a stipulation in the plea agreement. Refer to State v. Contreras and State v. Foy and to case law FDIC v. Colosi 194 Ariz. 114, 977 P.2d 836. • Yes. The court maintains jurisdiction over restitution and modifications can be made while the defendant is on probation. Specifically, 13-901(C) states in part that the court may in its discretion . . . modify or add to the conditions [of probation] . . . at any time prior to the expiration or termination of the period of probation. In addition, 13-805 states that the court shall retain jurisdiction of the case for purposes of modifying the manner in which courtordered payments are made until paid in full or until the defendants sentence expires.
