Opinion
Case No. 2:92CR284DS
May 6, 2003
ORDER
This matter is before the court on motion of defendant to modify the terms of his probation. In particular, defendant is requesting that the court vacate its orders of restitution and fine "in whole or in part." The court has considered defendant's arguments and received input from probation and pretrial services and is prepared to rule on the motion.
Defendant indicates that upon his release he will be unable to pay the applicable balance of his restitution and fine due to his lack of job skills, his lack of employment, and the restraints placed upon him to support his family. The court is not persuaded.
The court is informed that Mr. Fetherolf will soon begin the halfway house program where he will utilize the services of a Job Development Specialist and will have the opportunity to take classes in Life Skills. He will be encouraged to open a bank account and to budget his money. The defendant will then be placed on a period of supervised release during which time the probation office will have ample opportunity to monitor the defendant's fine and restitution payments and help him gain and maintain employment as needed.
In addition, defendant does not describe any health problems or other plausible reasons for his inability to find a job upon his release. Accordingly, given defendant's skills and prior employment in the construction industry, the court finds that defendant is able-bodied and capable of providing for himself, his family, and satisfying his fine and restitution. Defendant's motion is DENIED.
SO ORDERED.