560.026. Imposition of fines.
Imposition of fines.
560.026. 1. In determining the amount and the method ofpayment of a fine, the court shall, insofar as practicable,proportion the fine to the burden that payment will impose inview of the financial resources of an individual. The courtshall not sentence an offender to pay a fine in any amount whichwill prevent him from making restitution or reparation to thevictim of the offense.
2. When any other disposition is authorized by statute, thecourt shall not sentence an individual to pay a fine only unless,having regard to the nature and circumstances of the offense andthe history and character of the offender, it is of the opinionthat the fine alone will suffice for the protection of thepublic.
3. The court shall not sentence an individual to pay a finein addition to any other sentence authorized by section 557.011,RSMo, unless
(1) He has derived a pecuniary gain from the offense; or
(2) The court is of the opinion that a fine is uniquelyadapted to deterrence of the type of offense involved or to thecorrection of the defendant.
4. When an offender is sentenced to pay a fine, the courtmay provide for the payment to be made within a specified periodof time or in specified installments. If no such provision ismade a part of the sentence, the fine shall be payable forthwith.
5. When an offender is sentenced to pay a fine, the courtshall not impose at the same time an alternative sentence to beserved in the event that the fine is not paid. The response ofthe court to nonpayment shall be determined only after the finehas not been paid, as provided in section 560.031.
(L. 1977 S.B. 60)Effective 1-1-79