Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Court Rules
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When does this apply
| State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Arizona | Ariz. R. Crim. P. 26.12(c) | Compliance with Sentence |
Action upon Failure to Pay a Fine, Restitution, Other Monetary Obligation, or to Comply with Court Orders.(1) For Defendants Not on Supervised Probation. If a defendant fails to pay a + See morefine, restitution, or other monetary obligation, or is known by the court to have failed to comply with a term or condition of sentence within the prescribed time, the court shall, within 5 days, notify the prosecutor.
(2) For Defendants on Supervised Probation. If a defendant on supervised probation fails to pay a fine, restitution, or other monetary obligation, or is known by the court to have failed to comply with any other term or condition of probation within the prescribed time, the court shall give notice of such failure to the defendant's probation officer within the time limits set under sections (c)(1) and (3).
(3) Time limits--Restitution and Non-Monetary Obligations. If the payment or performance of an obligation does not involve the court, delinquency times shall run from the date on which the court or the probation officer becomes aware of failure to pay or comply.
(4) Court Action upon Failure of Defendant to Pay Fine, Restitution, or Other Monetary Obligation or to Comply with Court Orders. Upon the defendant's failure to pay a fine, restitution, or other monetary obligation, or failure to comply with court orders, the court may require the defendant to show cause why said defendant should not be held in contempt of court and may issue a summons or warrant for the defendant's arrest.
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Fines and fees |
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Arizona | Arizona Rule 22 | Default by Defendant at Hearing |
(a) Except where Rule 21 is applicable, if the defendant fails to appear as required, theallegations of the complaint shall be deemed admitted, and the court shall enter a judgment + See morefor
the State, impose a civil sanction, and report such judgment to the Department of
Transportation, except that civil boating violation judgments shall not be reported to the
Department of Transportation.
(b) If it appears that the defendant is in active military service, no default judgment may be
entered.
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Enforcement |
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Georgia | Ga. Unif. Super. Ct. R. 36.15 | Assessment of Costs--Criminal | When costs are assessed the minimum amount assessed as court costs in the disposition of any criminal offense shall be $100.00. | Fines and fees |
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Utah | Utah R. Crim. P. 27A | Stays Pending Appeal from a Court not of Record --Appeals for a Trial De Novo | Upon the timely filing of a notice of appeal for a trial de novo, the court shall: (b)(1) order stayed any fine or fee payments until the appeal is resolved | Fines and fees |
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Utah | Utah R. Crim. P. 27B | Stays Pending Appeal from a Court not of Record--Hearings De Novo, DUI, and Reckless Driving Cases | (d) Fine and Fee payments. Fine and fee payments shall be stayed pending resolution of the appeal. | Fines and fees |
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Utah | Utah R. J. Admin. 6-303 | Collection of Fines and Restitution |
Upon order of the court, the Department of Corrections shall be responsible for the collection and distribution of fines and restitution during the probation period in cases where the court + See moreorders supervised probation by the Department.
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Enforcement |
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Utah | Utah R. J. Admin. 6-303 | Collection of Fines and Restitution |
If a defendant fails to pay the amount of fines and restitution ordered by the court pursuant to the payment schedule established by the Department, the Department shall file a + See moreprogress/violation report with the court. The report shall contain any explanation concerning the defendant's failure to pay and a recommendation as to whether the defendant's probation should be modified, continued, terminated or revoked or whether the defendant should be placed on bench probation for the limited purpose of enforcing the payment of fines or restitution.
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