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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
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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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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
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Utah Utah R. Crim. P. 15 Expert Witnesses and Interpreters
The court shall determine the reasonable compensation of the expert and direct payment thereof. The parties may call expert witnesses of their own at their own expense. Upon showing that
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a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if he were called on behalf of the prosecution.
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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. Juv. P. 26 Rights of Minors in Delinquency Proceedings
If the parent, guardian or custodian of a minor is found not to be indigent, but does not or will not retain counsel for the minor and the minor has
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no means to retain counsel, the court may appoint counsel at public expense. However, the court may order, after giving the parent, guardian or custodian reasonable opportunity to be heard, that the parent, guardian or custodian reimburse the county for the cost of appointed counsel, in whole or in part, depending on ability to pay.
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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
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orders supervised probation by the Department.
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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
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progress/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.
Enforcement