orders supervised probation by the Department.

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.

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

appearance bond, and adjudication of a lien pursuant to Code, Criminal Procedure Article, § 16-212, may be enforced in the same manner as a money judgment entered in a civil action or in accordance with statutory procedures for the collection of a debt due to the State or a State agency.

shall order a stay of execution on the payment of the fine and: (1) Grant the defendant a specified period of time within which to pay the fine in full, or (2) Provide for the payment of the fine on an installment basis under such terms and conditions as the judge may deem appropriate. (b) The judge may issue an order to show cause, consistent with Rule 36.01(b), for the defendant to appear in court at a future date in the event the fine is not paid in the time specified by the judge. In the event the defendant fails to appear at that future date, the court may issue a warrant to secure the defendant’s appearance for a hearing on the order to show cause. (c) If a defendant defaults in the payment of the fine or any installment thereof, the judge may issue an order to show cause why the defendant should not be held in contempt of court. The judge shall issue a summons for the defendant’s appearance on the order to show cause unless the defendant was ordered to appear at a future date as provided in Rule 37.65(b). If the defendant fails to appear on the summons, the court may then issue a warrant to secure the defendant’s appearance for a hearing on the order to show cause. The summons may be served by the clerk mailing it to the defendant’s last known address by first class mail. (d) If following the show cause hearing the judge finds the defendant intentionally refused to obey the sentence of the court or to have made a good faith effort to obtain the necessary funds for payment, the judge may confine the defendant for a term not to exceed thirty days for contempt of court. If the judge finds that the failure to pay the fine is excusable, the judge shall enter an order allowing the defendant additional time for payment, or may modify the method of payment or waive the collection of all or part of any unpaid portion of the fine. (e) Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized by law for the enforcement of money judgments.

for 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.

the offender defaults on payment. If a default occurs, the municipality may institute summary claims proceedings to collect the outstanding fines.

to section 27.52, Florida Statutes.

ordered in criminal cases. A service charge for the Clerk of the Circuit Court is hereby established in the amount of two dollars ($2.00) per assessment. Upon receipt of payments or installment payments for reimbursement of investigative costs, the Clerk shall, after deducting the service charge of two dollars ($2.00), deposit said payments into the investigative costs account and shall credit the account of each defendant with each payment as received. The Clerk shall disburse all accumulated payments at the end of each month to the proper recipient of said reimbursement, along with a specific breakdown of the disbursements.

1. Unless otherwise ordered by the Court, all fines and costs assessed in county and circuit criminal court shall be made a condition of probation. 2. Probation agencies shall check and shall ensure that all fines and costs are paid prior to the termination of the probation period. 3. Prior to the probation agency requesting early termination of the probation period the agency shall ensure that all fines and costs have been paid.

of Bodily Attachment for the defendant’s arrest and delivery to the Orange County Jail. The Clerk shall prepare and issue a Writ of Bodily Attachment, which shall contain a purge amount, not to exceed $250.00 or the total balance owed, whichever is less, and shall forward it to the Orange County Sheriff’s Office. The Clerk shall retain a copy of the Writ of Bodily Attachment in the court file. Upon receipt of a Writ of Bodily Attachment under this Program, the Orange County Sheriff’s Office shall send the defendant a postcard or letter stating that a Writ has been issued for the defendant’s arrest and that, in order to avoid arrest, the defendant must pay the stated purge amount. Prior to the execution of the Writ, the Clerk of Court shall have the authority through the Collections Court Program to recall the Writ. Defendants who pay the purge amount on the Writ of Bodily Attachment, but who have a remaining balance of fines and court costs must continue to comply with the Program. In addition to the remaining fines and court costs owed and any fees imposed pursuant to this Order, an administrative fee of $70.00 shall be assessed upon execution of a Writ of Bodily Attachment for the costs incurred by the Orange County Sheriff’s Office. This administrative fee shall be assessed if the defendant is physically arrested pursuant to the Writ of Bodily Attachment. An additional administrative fee of $140.00 shall be assessed for the costs incurred by the Orange County Corrections Department when the defendant is booked and held in the Orange County Jail. These administrative fees when collected shall be disbursed by the Clerk of Court as follows: $70.00 to the Board of County Commissioners for Orange County on behalf of the Orange County Sheriff’s Office; and $140.00 to the Board of County Commissioners for Orange County on behalf of the Orange County Corrections Department. Defendants held in custody who are unable or unwilling to pay the purge amount required by the Writ of Bodily Attachment shall be brought before a Judge on the first business day following arrest to address their non-compliance with the Program. Hearing for this purpose shall be held before the Chief Judge, or designee, Monday through Friday (normal work days), at 1:30 p.m., or as soon thereafter as possible. In the event defendant is arrested on a weekend or a holiday, defendant will be brought before the court pursuant to Administrative Order 2003-39-11, as amended, relating to first appearance hearings. At these hearings, the Judge may reduce the fines and court costs owed to judgment and the Judge may determine whether defendant must continue to comply with the Program. The Judge may also give defendant an appearance date to come before a collection court hearing officer within 30 days.

who have placed on file with the Clerk a copy of the applicable ordinance or code provision.2) The distribution of this assessed cost will be made based on the location of the offense. 3) If any municipality has failed to enact a code provision relating to Criminal Justice Education, the funds collected which would otherwise be transmitted to that municipality shall be instead transmitted to the sheriff's office of the county wherein the offense was committed.

Program a form entitled “Notice of Court Ordered Payment Due Hearing” (hereinafter the “Notice Form”) (attached). The defendant and judge must sign the original Notice Form, which shall be placed in the Court file. A copy of the Notice Form shall be furnished to the defendant. The Notice Form shall advise the defendant of the following: a. The total amount due; b. Where payments are to be made; c. The date, time, and location of the COPD hearing; d. That the payment in full must be paid no later than the last business day before the Court Ordered Payment Due Hearing date; e. That there will be no continuances granted by the Clerk of Court of the payment due date or the COPD hearing date; f. That continuances may be continued by the Court only for verified incarceration or hospitalization of the defendant; g. That if the debt goes unpaid and the defendant fails to appear for the Court Ordered Payment Due hearing , a writ of bodily attachment may be issued for the defendant’s arrest with a purge amount ordered; h. That if the debt goes unpaid, the defendant’s driver’s license may be suspended; and i. That defendant may owe other specific fees authorized by this Administrative Order and/or Florida Statute.

due must be paid in full no later than the last business day before the COPD hearing. If the payment is paid as scheduled, the court date shall be removed from the docket calendar. The defendant does not need to appear at the COPD hearing when scheduled if all monies are paid in full prior to the hearing date. 2. The Clerk of Court for Highlands County is authorized to impose a $20.00 fee each time a defendant fails to pay the fines when due and another COPD hearing is held. 3. The Clerk of Court shall not continue cases scheduled for a COPD hearing or continue due dates for payments of fines and costs without a judge’s order. The Clerk of Court shall not modify the fine and cost amount imposed at sentencing or modify the fees required to be paid according to this Administrative Order. 4. If the defendant does not pay the fines and court costs in full by the last business day before the Court Ordered Payment Due hearing date, the defendant shall appear at the Court Ordered Payment Due hearing and either show proof of payment or provide the Court with justification as to why the debt is unpaid and request to be placed in the Partial Payment Plan Program. 5. If the debt goes unpaid, the court may suspend the defendant’s privilege to drive and/or impose other sanctions pursuant to Florida law. 6. If the debt goes unpaid and the defendant fails to appear for the Court Ordered Payment Due hearing, a writ of bodily attachment may be issued for the defendant’s arrest with a purge amount being ordered. The purge amount shall be the total balanced owed plus any fees specified by this Administrative Order and/or authorized by Florida Statutes. a. In the event a judge orders that a writ of bodily attachment be issued, the Clerk shall prepare and issue the writ of bodily attachment, attach a copy of the Notice Form to the writ of bodily attachment, and forward such to the Highlands County Sheriff’s Office. The Clerk shall retain a copy of the writ of bodily attachment in the court file. Upon receipt of the writ of bodily attachment, the Highlands County Sheriff’s office shall serve the writ of bodily attachment. b. The Clerk is authorized to impose a $20.00 fee each time the defendant fails to appear at the hearing and a writ of bodily attachment is ordered. This cost shall be applied for the service of process, including writing, preparing, signing, and sealing of the writ of bodily attachment ordered, and the collection and disbursement of any purge amount. c. A defendant may be released upon payment of the purge amount at any time, at which time any schedule hearings as to the collection of any monies shall be canceled. d. Defendants held in custody on a writ of bodily attachment who are unable or unwilling to pay the purge amount required by the writ shall be brought before a judge on the earliest scheduled court date following their arrest, not to exceed 48 hours. At this hearing, the judge shall determine the defendant’s present ability to pay the purge amount. If the judge determines that the defendant does not have the present ability to pay the purge amount, then the judge may modify the purge amount to a sum the judge finds that the defendant has the present ability to pay. The judge shall order the defendant to appear for the next-scheduled Court Ordered Payment Due hearing.

and costs including suspension of the defendant’s driver’s license as allowed by law, pursuing a civil action where legal and appropriate, and pursuing other actions that may be or become legal due to statutory changes.

agreements within guidelines set by the court, and perform all duties assigned to the clerk under these rules. All persons appointed under this rule to accept bail bonds shall be deemed acting as gratuitous bailees. Unless such persons are covered by a public employee bond, they shall be required to execute official surety bonds in the sum of not less than $1,000 issued by a surety company authorized to do business in Idaho, or be executed by two (2) sufficient sureties approved by the administrative district judge, insuring that such person will faithfully perform the duties of the office and appointment and at all times account for and pay over all moneys in his hands as appointive clerk.(b) Appointment of law enforcement officer. Duly appointed law enforcement officers may be appointed by the administrative district judge to receive fines within the limits of Rule 14 and cash deposits as bail in all cases provided for in Rule 13, provided they execute an official surety bond in the sum of $1,000, or such officers are covered by an existing blanket fidelity bond and such bond coverage includes any moneys received pursuant to this rule. The cash deposit shall be made at the office of the law enforcement agency or at the appropriate court, or at such other place, which may be the place of issuance of a citation, as directed by the administrative district judge in an appropriate case occasioned by extreme circumstances or remoteness. An adequate record shall be kept of the deposit paid, which shall be transmitted in kind or check to the clerk's office within 24 hours after receipt. The record shall consist of the amount of deposits paid, whether paid in cash or otherwise, the offense involved, person charged, the person paying the said deposit and the date, hour and minute paid. A triplicate receipt shall be made; one (1) copy shall be given to the person paying the deposit, one (1) copy shall be transmitted to the clerk's office, and one (1) copy shall remain in the issuing agency's office.

for accepting such cards are available. In the discretion of the court, other fines and costs may also be paid by personal check payable to the clerk of the court under such procedures established by the administrative district judge for acceptance of such checks. Each administrative district judge, with the consultation of the district court clerks in the judicial district, shall develop guidelines and procedures for the acceptance of personal checks which should be in accordance with generally accepted business practices to reasonably assure that the check will be honored. Any administrative district judge may order that personal checks received for the payment of fines and costs be placed in a suspense fund and that the moneys from such checks not be delivered to the district court clerk until the checks have been honored. Any employee, deputy, official or agent of any court or any district court clerk accepting a personal check under the guidelines and procedures prescribed by the administrative district judge or by Supreme Court rule shall not in any case be liable for the payment or reimbursement of the funds represented by such personal check in the event it is dishonored. Provided, however, in the event that a check is dishonored and returned to the court for any reason, the defendant will be deemed not to have appeared nor to have posted bond under the citation and therefore may be prosecuted for failure to appear on the citation as well as for the violation of the citation; and in addition thereto, the maker of the check may be prosecuted for such other misdemeanor or felony for issuance of the check as may be provided by law.

by major credit card or debit card where procedures for accepting such cards are available. Any employee, deputy, official or agent of any court or any district court clerk accepting a personal check under this rule shall not in any case be liable for the payment or reimbursement of the funds represented by such personal check in the event it is dishonored.

probation revoked or be found to be in contempt for failure to pay a fine, fee, or costs only if the court finds that the person has willfully refused to make such payment, or has failed to make sufficient bona fide efforts to legally acquire the resources to make such payment.(2) A fee or cost imposed by statute on persons who plead guilty to or are found guilty of any offense may be waived in whole or part be the court only when there is a specific provision in statute allowing for the waiver of such fee or cost. (3) A court may waive all or part of a fee or costs imposed by statute only upon making findings in writing or on the record that each statutory standard for the waiver of such fee or costs has been satisfied. If the court decides to waive such fee or costs in whole or in part, the court shall make such determination with regard to each offense on which the defendant is or has been sentenced, and shall determine whether such fee or costs shall be waived in whole or in part.

the total amount, which includes fixed penalty and court costs, by the defendant, or, (3) a finding by the court upon trial that the defendant committed the infraction offense, or, (4) a failure of the defendant to appear in court or before the clerk as provided in Rule 8, the court shall enter judgment against the defendant for the infraction which shall order the defendant to pay the fixed penalty and court costs provided in this rule. (b) Fixed Penalty and Costs for Infraction. The entry of a judgment for an infraction under this rule shall order the defendant to pay a dollar amount for a fixed penalty and court costs in the following amounts: https://isc.idaho.gov/rules/Infraction_Fee_Schedule_08.15.16.pdf (c) Consolidation of Multiple Offenses in Assessing Court Costs. The court may consolidate multiple non-moving or parking infractions into one offense for the purpose of assessing court costs under I.C §31-3201A(c), together with the fixed penalty portion of the penalty for each infraction. (d) Withheld Judgments or Suspended Penalties Prohibited. No court shall have the power to withhold judgment nor to suspend any part of a judgment for a fixed penalty and costs prescribed under this rule. (e) Deferred Payment Agreement. After the entry of a judgment for an infraction, the court, or the clerk within the guidelines set by the court, may enter into an agreement with the defendant for the deferred payment of the fixed penalty plus court costs. Such agreement shall be signed by the defendant and the court, or the clerk on behalf of the court, and shall state in bold letters that failure of the defendant to make the payments when agreed will result in the suspension of the defendant's driver's license as provided in Rule 10. Subsequent extensions of time to pay a fixed penalty plus court costs may be granted by the execution of a new agreement by the defendant and the court or the clerk. (f) Form of Agreement. A deferred payment agreement under this rule shall be substantially the following form: Click here for form. (g) Discharge of Judgment. If, after entry of a judgment for the payment of a penalty, court costs or payment of money to any person or entity, the court determines that the unpaid portion of the judgment is not reasonably collectible for any reason, the court may enter an order discharging the judgment and close the file. A discharge of a judgment on a citation may be entered by endorsing the word "discharged" on the face of the citation together with the date and the signature of the court. Such discharge may be signed and entered by the clerk at the direction of the court. The entry of a discharge of judgment shall not affect the judgment other than to satisfy the duty to pay the balance of the penalty, court costs and the payment of money to any person or entity; provided, such discharge does not satisfy the duty of the defendant to pay victim's restitution ordered pursuant to Chapter 53 of Title 19, Idaho Code, nor prevent the victim from enforcing the order by execution pursuant to section 19-5305, Idaho Code.