MEMORANDUM OPINION AND ORDER

DENISE COTE, District Judge

Defendant David Bowles ("Bowles") has requested that his order of restitution be modified to relieve him from making any payments while incarcerated because poor physical health prevents him from engaging in gainful employment while imprisoned. The Government has expressly deferred to the discretion of this Court in deciding this issue.

Bowles was convicted on February 4, 2000, on three counts of bank robbery and was sentenced to 188 months' imprisonment to be followed by five years' supervised release and restitution in the amount of $11,033. By letter dated December 17, 2002, Bowles requested that the order of restitution be vacated, arguing that he had no means by which to make restitution payments. On January 15, 2003, Bowles' motion was rejected.

By letter dated February 7, 2003, Bowles renewed his request to vacate the restitution order but also requested in the alternative that the restitution order be modified to lift the requirement to make payments while in prison. In this letter, he explained for the first time that he was seeking to modify his payment schedule because physical and mental health problems prevented him from being able to work while incarcerated. He noted that due to "various illnesses and ailments" — including hepatitis, chronic hypertension and acute asthma — he had been placed by prison doctors on "restrictive duty" in terms of his prison employment and included documentation from a prison doctor confirming this fact.

In response to this renewed request, on February 20, the Government and Bowles were ordered to provide additional written submissions. On March 25, after noting the apparent discretion under federal law for courts to modify the payment schedule for restitution, the parties were ordered to address whether this Court does have such discretion and whether it should exercise its discretion in this case.

The Government concedes that federal courts do have discretion to modify the payment schedule for restitution orders.

Section 3664(k) of Title 18, United States Code, provides:

A restitution order shall provide that the defendant shall notify the court and the Attorney General of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution. The court may also accept notification of a material change in the defendant's economic circumstances from the United States or from the victim. The Attorney General shall certify to the court that the victim or victims owed restitution by the defendant have been notified of the change in circumstances. Upon receipt of the notification, the court may, on its own motion, or the motion of any party, including the victim, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.

The Government defers to the discretion of this Court to decide whether Bowles' restitution payments should be suspended while he is incarcerated. The circumstances of Bowles' physical ailments have fundamentally impacted his economic circumstances and have, consequently, rendered him unable to make restitution payments while incarcerated. Accordingly, it is hereby

ORDERED that for the duration of Bowles' term of incarceration his requirement to make restitution payments is suspended.

IT IS FURTHER ORDERED that this Order may be modified if this Court is notified that Bowles' circumstances have changed.

SO ORDERED: