Page:United States Statutes at Large Volume 108 Part 3.djvu/177

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1929 "(ii) For purposes of this subparagraph, the term 'economic circumstances' includes— "(I) the financial resources and other assets of the defendant; "(II) projected earnings, earning capacity, and other income of the defendant; and "(III) any financial obligations of the defendant, including obligations to dependents. "(D) Subparagraph (A) does not apply if— "(i) the court finds on the record that the economic circumstances of the defendant do not allow for the pay- ment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and "(ii) the court enters in its order the amount of the victim's losses, and provides a nominal restitution award. "(5) MORE THAN i OFFENDER.— When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. "(6) MORE THAN i VICTIM.— When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim. "(7) PAYMENT SCHEDULE.— An order under this section may direct the defendant to make a single lump-sum payment or partied payments at specified intervals. "(8) SETOFF. —Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in— "(A) any Federal civil proceeding; and "(B) any State civil proceeding, to the extent provided by the law of the State. " (9) EFFECT ON OTHER SOURCES OF COMPENSATION. —The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss. " (10) CONDITION OF PROBATION OR SUPERVISED RELEASE.— Compliance with a restitution order issued under this section shall be a condition of any probation or supervised release of a defendant. If an offender fails to comply with a restitution order, the court may, after a hearing, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, or hold the defendant in contempt pursuant to section 3583(e). In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant's employ- ment status, earning ability and financial resources, the willful-

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