Restitution "TBD by the Probation Officer"

May a judge delegate to a probation officer the task of setting the amount of restitution owed to a victim? For several reasons, my standard answer to that recurring question is no. The main reason for my answer is the restitution statutes themselves. The law says that restitution should be ordered “when sentencing a defendant,” G.S. 15A-1340.34(a), and goes on to say that any documentation related to the restitution amount “shall be shared with the defendant before the sentencing hearing,” G.S. 15A-1340.35(b). A post-sentencing determination by a probation officer does not follow that statutory chronology. More generally, the statutes consistently describe the restitution determination process as something to be done by “the court.” The court may “delegate to a probation officer the responsibility to determine the payment schedule” for restitution and other monetary obligations, G.S. 15A-1343(g), but the restitution amount should be set by the court. Allowing restitution to be set by a probation officer could raise several issues. First, the appellate courts have repeatedly told us that the restitution amount must be supported by evidence adduced at trial or at sentencing. E.g., State v. Elkins, 210 N.C. App. 110, 126–27 (2011). A prosecutor’s statement or a restitution worksheet, standing alone, is insufficient evidence. State v. Wilson, 340 N.C. 720 (1995). An amount set by a probation officer outside of court would seem to raise similar issues of proof. Second, in determining the restitution amount, the court “shall take into consideration the resources of the defendant.” G.S. 15A-1340.36(c). If the court [...]