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Alabama ARCrP Rule 6.3 Indigence - definition
(a) DEFINITION. The term “indigent,” as used in these rules, means a person who is financially unable to pay for his or her defense.(b) AFFIDAVIT OF SUBSTANTIAL HARDSHIP. A defendant
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desiring to proceed as an indigent shall complete under oath an affidavit of substantial hardship concerning his or her financial resources and may also be examined under oath regarding his or her financial resources by the court responsible for determining indigency. The defendant shall be advised of the penalties for perjury as provided by law. (c) RECONSIDERATION. If, after an initial determination of indigency or nonindigency, there has been a material change in circumstances or new information concerning a defendant's financial status becomes available, either the defendant requesting appointment of counsel, the defendant's appointed attorney, or the prosecutor may move for reconsideration of the defendant's financial status.
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Alabama ARCrP Rule 26.11 Imposition of restitution
(a) IMPOSITION OF RESTITUTION. Restitution should be ordered in all cases where a victim has been injured or damaged. The financial resources and obligations of the defendant and the burden
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that payment of restitution will impose should be considered in determining how much restitution is to be paid or collected, i.e., whether to be paid by installments and what length of time should be given for payment.(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider: (1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties. (c) IMPOSITION OF COSTS. Docket fees and other costs in criminal cases shall be assessed upon conviction. (d) DEFERRED AND INSTALLMENT PAYMENTS. If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution, at some later date, or in specified installments. (e) TO WHOM PAYMENT IS TO BE MADE. The payment of fines, costs, and monetary restitution shall be made to the clerk of the court, unless the court expressly directs otherwise. (f) ACTION UPON FAILURE TO PAY FINE OR RESTITUTION. (1) Defendants Not on Probation. If a defendant not on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall notify the district attorney and the court. (2) Defendants on Probation. If a defendant on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall give notice of such delinquency to defendant's probation officer. (3) When Payment Is to Be Made to Persons Other than the Clerk. Whether or not the defendant is on probation, if the payment is to be made to someone other than the clerk, the person to whom payment is to be made shall notify the probation officer (if the defendant is on probation) or the court (if the defendant is not on probation) of the defendant's failure to pay. (g) INQUIRY INTO DEFENDANT'S ABILITY TO PAY FINE OR RESTITUTION. If a defendant fails to pay a fine or restitution as directed, the court may inquire and cause an investigation to be made into the defendant's financial, employment, and family standing, and the reasons for nonpayment of the fine and/or restitution, including whether nonpayment of the fine and/or restitution was contumacious or due to indigency. (h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine. (i) INCARCERATION FOR NONPAYMENT OF FINE OR RESTITUTION. (1) Incarceration shall not automatically follow the nonpayment of a fine or restitution. Incarceration should be employed only after the court has examined the reasons for nonpayment. After consideration of the defendant's situation, means, and conduct with regard to the nonpayment of the fine and/or restitution, the court shall determine the period of any incarceration in default of payment of the fine and/or restitution, subject to the following limitations: (i) In no event shall such period of incarceration exceed one (1) day for each fifteen dollars ($15.00) of the fine. (ii) If the fine was imposed in connection with a felony, the period of incarceration may not exceed one (1) year. (iii) If the fine was imposed in connection with a misdemeanor or municipal ordinance violation, the period of incarceration may not exceed one-third ( ⅓ ) of the maximum term of incarceration authorized for the offense. (iv) If, at the time the fine was imposed or the restitution was ordered, a sentence of incarceration was also imposed, the aggregate of the period of incarceration imposed pursuant to this rule and the term of the sentence originally imposed may not exceed the maximum term of imprisonment authorized for the offense. (2) In no case shall an indigent defendant be incarcerated for inability to pay a fine or court costs or restitution. (3) If the court orders a defendant to pay a fine and/or restitution imposed as a result of a traffic infraction, the court may suspend the defendant's privilege to operate a motor vehicle in this state upon a failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been suspended for failure to comply with such court order, the privilege may remain suspended until the total amount of the fine and/or restitution imposed is paid. (j) COLLECTION OF COSTS. Court costs shall be deemed part of the penalty and the same procedures provided herein for nonpayment of fines shall apply for nonpayment of costs. (k) EXECUTION FOR FINE AND COSTS. If the fine or court costs are not discharged by payment or by service of a period of incarceration in default of the fine or court costs and if restitution is not discharged, the clerk may issue execution for the fine, restitution, and costs adjudged, or any portion remaining unpaid. The district attorney, or the county or municipal attorney, as applicable, shall institute appropriate proceedings or take necessary action to collect unpaid fines, restitution, and costs. Editors' Notes
Ability to pay
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Alabama ARCrP Rule 28 Records and evidence All records and evidence of the proceedings must be retained according to the records retention schedule approved by the Alabama Supreme Court. Transparency
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Alabama ARCrP Rule 26.11 Imposition of restitution
(a) IMPOSITION OF RESTITUTION. Restitution should be ordered in all cases where a victim has been injured or damaged. The financial resources and obligations of the defendant and the burden
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that payment of restitution will impose should be considered in determining how much restitution is to be paid or collected, i.e., whether to be paid by installments and what length of time should be given for payment.(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider: (1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties. (c) IMPOSITION OF COSTS. Docket fees and other costs in criminal cases shall be assessed upon conviction. (d) DEFERRED AND INSTALLMENT PAYMENTS. If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution, at some later date, or in specified installments. (e) TO WHOM PAYMENT IS TO BE MADE. The payment of fines, costs, and monetary restitution shall be made to the clerk of the court, unless the court expressly directs otherwise. (f) ACTION UPON FAILURE TO PAY FINE OR RESTITUTION. (1) Defendants Not on Probation. If a defendant not on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall notify the district attorney and the court. (2) Defendants on Probation. If a defendant on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall give notice of such delinquency to defendant's probation officer. (3) When Payment Is to Be Made to Persons Other than the Clerk. Whether or not the defendant is on probation, if the payment is to be made to someone other than the clerk, the person to whom payment is to be made shall notify the probation officer (if the defendant is on probation) or the court (if the defendant is not on probation) of the defendant's failure to pay. (g) INQUIRY INTO DEFENDANT'S ABILITY TO PAY FINE OR RESTITUTION. If a defendant fails to pay a fine or restitution as directed, the court may inquire and cause an investigation to be made into the defendant's financial, employment, and family standing, and the reasons for nonpayment of the fine and/or restitution, including whether nonpayment of the fine and/or restitution was contumacious or due to indigency. (h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine. (i) INCARCERATION FOR NONPAYMENT OF FINE OR RESTITUTION. (1) Incarceration shall not automatically follow the nonpayment of a fine or restitution. Incarceration should be employed only after the court has examined the reasons for nonpayment. After consideration of the defendant's situation, means, and conduct with regard to the nonpayment of the fine and/or restitution, the court shall determine the period of any incarceration in default of payment of the fine and/or restitution, subject to the following limitations: (i) In no event shall such period of incarceration exceed one (1) day for each fifteen dollars ($15.00) of the fine. (ii) If the fine was imposed in connection with a felony, the period of incarceration may not exceed one (1) year. (iii) If the fine was imposed in connection with a misdemeanor or municipal ordinance violation, the period of incarceration may not exceed one-third ( ⅓ ) of the maximum term of incarceration authorized for the offense. (iv) If, at the time the fine was imposed or the restitution was ordered, a sentence of incarceration was also imposed, the aggregate of the period of incarceration imposed pursuant to this rule and the term of the sentence originally imposed may not exceed the maximum term of imprisonment authorized for the offense. (2) In no case shall an indigent defendant be incarcerated for inability to pay a fine or court costs or restitution. (3) If the court orders a defendant to pay a fine and/or restitution imposed as a result of a traffic infraction, the court may suspend the defendant's privilege to operate a motor vehicle in this state upon a failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been suspended for failure to comply with such court order, the privilege may remain suspended until the total amount of the fine and/or restitution imposed is paid. (j) COLLECTION OF COSTS. Court costs shall be deemed part of the penalty and the same procedures provided herein for nonpayment of fines shall apply for nonpayment of costs. (k) EXECUTION FOR FINE AND COSTS. If the fine or court costs are not discharged by payment or by service of a period of incarceration in default of the fine or court costs and if restitution is not discharged, the clerk may issue execution for the fine, restitution, and costs adjudged, or any portion remaining unpaid. The district attorney, or the county or municipal attorney, as applicable, shall institute appropriate proceedings or take necessary action to collect unpaid fines, restitution, and costs. Editors' Notes
Enforcement
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Michigan Mich. Court R. 1.11 Time of payment Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown. Fines and fees
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Michigan Mich. Court R. 6.905(D) Costs assessed
(D) Cost. The court may assess cost of legal representation, or part thereof, against the juvenile or against a person responsible for the support of the juvenile, or both. The
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order assessing cost shall not be binding on a person responsible for the support of the juvenile unless an opportunity for a hearing has been given and until a copy of the order is served on the person, personally or by first class mail to the person's last known address.
Fines and fees
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Michigan Mich. Court R. 3.605 Collection of penalties
(B) Parties. The civil action for a pecuniary penalty incurred for the violation of an ordinance of a city or village must be brought in the name of the city
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or village. Other actions to recover penalties must be brought in the name of the people of the State of Michigan. (C) Judgment on Penalty. In an action against a party liable for a penalty, judgment may be rendered directly against the party and in favor of the other party on motion and showing that the condition has occurred giving rise to the penalty. This subrule does not apply to forfeited civil recognizances under MCR 3.604 or to forfeited criminal recognizances under MCL 765.28. (D) Remission of Penalty. An application for the remission of a penalty, including a bond forfeiture, may be made to the judge who imposed the penalty or ordered the forfeiture. The application may not be heard until reasonable notice has been given to the prosecuting attorney (or municipal attorney) and he or she has had an opportunity to examine the matter and prepare to resist the application. The application may not be granted without payment of the costs and expenses incurred in the proceedings for the collection of the penalty. (E) Duty of Clerk When Fine Without Order for Commitment; Duty of Prosecutor. When a fine is imposed by a court on a person, without an order for the immediate commitment of the person until the fine is paid, the clerk of the court shall deliver a copy of the order imposing the fine to the prosecuting attorney of the county in which the court is held, or the municipal attorney in the case of a fine that is payable to a municipality. The prosecuting attorney (or municipal attorney) shall obtain execution to collect the fine.
Fines and fees
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Michigan Mich. Court R. 6.425(E)(3)(a)-(c) Incarceration for Nonpayment.
(a) The court shall not sentence a defendant to a term of incarceration, nor revoke probation, for failure to comply with an order to pay money unless the court finds,
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on the record, that the defendant is able to comply with the order without manifest hardship and that the defendant has not made a good faith effort to comply with the order.(b) Payment Alternatives. If the court finds that a defendant is unable to comply with an order to pay money without manifest hardship, the court may impose a payment alternative, such as a payment plan, modification of any existing payment plan, or waiver of part or all of the amount of money owed to the extent permitted by law.(c) Determining manifest hardship. The court shall consider the following criteria in determining manifest hardship: (i) Defendant’s employment status and history. (ii) Defendant’s employability and earning ability. (iii) The willfulness of the defendant’s failure to pay. (iv) Defendant’s financial resources. (v) Defendant’s basic living expenses, including but not limited to food, shelter, clothing, necessary medical expenses, or child support. (vi) Any other special circumstances that may have bearing on the defendant’s ability to pay.
Ability to pay
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Michigan Mich. Court R. 1.111(f)(5) Language interpreters If a party is financially able to pay for interpretation costs, the court may order the party to reimburse the court for all or a portion of interpretation costs. Fines and fees
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Michigan Mich. Court R. 8.106(E) Fee for bad checks NSF Checks. A court may assess costs for reasonable expenses incurred for checks returned to the court due to insufficient funds. Fines and fees
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North Dakota N.D.R.Crim.P. 1 Scope and Exceptions (4) Other Proceedings. These rules do not apply to: . . . (C) the collection of fines and penalties; Fines and fees
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North Dakota N.D.R.Crim.P. 11 Pleas
(1) The court may not accept a plea of guilty without first, by addressing the defendant personally [except as provided in Rule 43(b)] in open court, informing the defendant of
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and determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;
Fines and fees
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North Dakota N.D.R.Crim.P. 38 Stay of Execution and Relief Pending Review
(b) Fine. If the defendant appeals, the court may stay a sentence to pay a fine, fee or costs. The court may stay the sentence on any terms considered appropriate
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and may require the defendant to: (1) deposit all or part of the fine, fee or costs with the clerk; (2) post a bond to pay the fine, fee or costs; or (3) submit to an examination concerning the defendant's assets and, if appropriate, order the defendant to refrain from dissipating assets.
Fines and fees