§ 12-20-10 - Remission of costs – Prohibition against remitting restitution to victims of crime – Ability to pay – Indigency.
SECTION 12-20-10
§ 12-20-10 Remission of costs –Prohibition against remitting restitution to victims of crime – Ability topay – Indigency. – (a) The payment of costs in criminal cases may, upon application, be remittedby any justice of the superior court; provided, that any justice of a districtcourt may, in his or her discretion, remit the costs in any criminal casepending in his or her court, or in the case of any prisoner sentenced by thecourt, and from which sentence no appeal has been taken. Notwithstanding anyother provision of law, this section shall not limit the court's inherent powerto remit any fine, fee, assessment or other costs of prosecution, provided noorder of restitution shall be suspended by the court.
(b) For purposes of §§ 12-18.1-3(d), 12-21-20,12-25-28(b), 21-28-4.01(c)(3)(iv) and 21-28-4.17.1, the following conditionsshall be prima facie evidence of the defendant's indigency and limited abilityto pay:
(1) Qualification for and/or receipt of any of the followingbenefits or services by the defendant:
(i) temporary assistance to needy families
(ii) social security including supplemental security incomeand state supplemental payments program;
(iii) public assistance
(iv) disability insurance; or
(v) food stamps
(2) Despite the defendant's good faith efforts to pay,outstanding court orders for payment in the amount of one-hundred dollars($100) or more for any of the following:
(i) restitution payments to the victims of crime;
(ii) child support payments; or
(iii) payments for any counseling required as a condition ofthe sentence imposed including, but not limited to, substance abuse, mentalhealth, and domestic violence.