People v. Pitts

The combined effect of section 5 — 5—3 of the Unified Code of Corrections (Ill. Rev. Stat., 1978 Supp., ch. 38, par. 1005 — 5—3) and section 5 — 5—6 of that Code (Ill. Rev. Stat. 1977, ch. 38, par. 1005 — 5—6) is to permit a trial court to order a convicted defendant to make restitution even though he was not sentenced to probation or conditional discharge. The latter section states, “If restitution is part of the disposition, the defendant shall” do so “in accordance with the following: (a) A pre-sentencing hearing shall be held to assess” his “financial capacity * * * to make restitution”…