(dissenting). The majority concludes the case must be returned to the trial court for findings concerning the defendant’s ability to meet the restitution condition of probation and the reasonableness of the extension of the period of time of probation. The majority implies the probation condition re*805quiring restitution should be withdrawn and restitution forgiven if the defendant is found to be unable to make restitution during the initial term of probation. I concede the reasonableness of scheduling a hearing before the court if the defendant fails to make regular payments toward restitution or appears to be unable to meet the restitution payment condition of probation, but the impetus for such a hearing must be upon the defendant.
Trial judges know the defendant at the time of sentencing pleads for probation and proclaims a desire to make restitution to the victim of the crime where property loss is the subject of the criminal conduct. Frequently, the prospect that restitution will be paid appears remote. The trial judge and the defendant should be able to anticipate that the defendant’s failure to meet the restitution condition of probation will likely result in revocation of probation and a return of the defendant to court for the imposition of the penalty that was in essence deferred upon the commitment of the defendant to make restitution. The majority opinion weakens that probability and will tend to discourage the trial judge from granting probation. The judge who concludes that restitution is improbable will therefore deny probation. The majority opinion results in excusing the defendant from punishment and restitution if circumstances show at a later time that restitution will be difficult. Thus the defendants who, at the time of sentencing, appear to be unable to make restitution may be deprived of probation or placed on probation for the maximum period to utilize the maximum period of time to collect restitution. The likelihood under the majority opinion that the defendant may escape punishment discourages the trial judge from accepting the defendant’s representation that he is sincere in his plans to change his ways, become a productive citizen, and apply his energy to prompt payment of restitution during a reasonable peri*806od of probation. This appears to be exceedingly prejudicial to the defendant.
A better result would be to provide that, where the defendant requests probation at the time of sentencing and accepts restitution as a condition of probation, restitution shall be presumed to be within the ability of the defendant to pay until the defendant petitions the. court for a hearing on the reasonableness of the order for restitution. Obviously the victim is not a party to the action and will not be able to advise the court of his need to receive the restitution. The burden of showing an inability to meet the restitution as a condition of probation requirement shall be upon the defendant. That burden shall be met upon a showing of clear, satisfactory, and convincing evidence that payment of restitution, in part or in full, is beyond the ability of the defendant. If the defendant chooses to consent to an extension of probation because the restitution condition, and any other condition, has not been met, the court may approve the extension without hearing. The defendant should be advised of these conditions at the time of sentencing.
The old saw “crime does not pay” should become a legal reality whenever possible. Society and the law should require that the “criminal shall repay.” In order to accommodate such a result every reasonable effort should be made to require the defendant to make restitution and to recognize that victims should not suffer financial loss. The implication of the majority opinion is that the victim could commence a civil suit against the defendant for recovery of the loss resulting from the defendant’s criminal act. This is a burden and an expense which should not be thrust upon the innocent victim of the crime.
The defendant who has a limited earning ability may require some welfare assistance to sustain him and his dependents during the period of time when restitution *807payments take a portion of Ms weekly earnings, but it is more reasonable to have the public assist the defendant through welfare and have the victim of the crime reimbursed through restitution than to omit restitution on the premise that the defendant’s funds are more appropriate for his or his dependents’ support. The principle that the defendant should “pay his debt to society” should be refined to provide that the defendant shall pay his debt to his victim, plus interest, on the value of the property during the period the victim is deprived of his property.
The defendant must be made aware of the impact of the crime upon the victim. The personalization of the crime that occurs when the victim and the defendant meet in a court or a probation department conference to determine the value of the property lost by the victim has a significant impact on the defendant and is an important rehabilitative tool. The trial judge should monitor restitution by requiring regular interval reports and require court appearances by the defendant if restitution goals are not being met. Pride in accomplishing restitution will help the defendant to regain self-respect and an improved self-image. These are fundamental goals of probation and should be supervised by the court.
Probation is viewed with suspicion by the public and often viewed as an escape from punishment by the defendant. The defendant who pleads for probation should recognize that probation is a “second chance” to prove that he will act responsibly and that accountability means making the victim whole. Probation contemplates the passage of time, and many defendants view this passage of time as a time for memories of the crime to dim. Memories of the loss experienced by the victim must never be allowed to dim until the loss experienced by the victim has been paid by the offender.
The majority remands for a trial court hearing on the defendant’s financial circumstances at the time of exten*808sion of probation with direction to vacate the extension of probation if there was no adequate cause for extending probation. The defendant asked for and received a probation extension, waived a hearing on extension, accepted extended supervision, and absconded. The statutes gave her ample remedies if she determined the conditions of probation were unreasonable. She did not utilize them. She was properly on probation and subject to revocation for the violation of probation. She is not entitled to the relief granted by the majority.
I am hereby authorized to state that Mr. Justice LEO B. HANLEY and Mr. Justice CONNOR T. HANSEN join in this dissenting opinion.