Does a defendant's failure to hold a hearing on his ability to pay restitution violate his probation?

Defendant also contends the failure to hold this hearing violates equal protection. "Equal protection requires a court to grant a hearing on a defendant's ability to pay restitution. [Citations.] The reason for this is, when a defendant fails to pay ordered restitution, he violates probation, a circumstance which may result in imprisonment. The incarceration of defendants for inability to pay restitution violates the equal protection clause. [Citation.] Here, the probation hearing complied with the mandates of equal protection." (People v. Goulart, supra, 224 Cal.App.3d at p. 84, 273 Cal.Rptr. 477.)

[21 Cal.App.4th 832] The probation officer's report refers to the fact defendant was unemployed and seeking a job. At the sentencing hearing, the trial court stated it had read the probation officer's report so it was obviously aware of defendant's financial condition. The court's understanding of defendant's financial situation is reflected in the court's order to the probation officer to set up monthly payments for restitution. (People v. Goulart, supra, 224 Cal.App.3d at p. 84, 273 Cal.Rptr. 477.) As discussed above, defendant presented no other evidence at this hearing or at any other time to the court on his ability to pay.