§ 12-21-20 - Order to pay costs and determination of ability to pay.
SECTION 12-21-20
§ 12-21-20 Order to pay costs anddetermination of ability to pay. – (a) If, upon any complaint or prosecution before any court, the defendant shallbe ordered to pay a fine, enter into a recognizance or suffer any penalty orforfeiture, he or she shall also be ordered to pay all costs of prosecution,unless directed otherwise by law.
(b) In superior court, the judge shall make a preliminaryassessment of the defendant's ability to pay immediately after sentencing byuse of the procedures specified in this section.
(c) In district court, the judge shall make a preliminaryassessment of the defendant's ability to pay immediately after sentencing ornearly thereafter as practicable by use of the procedures specified in thissection.
(d) The defendant's ability to pay and payment schedule shallbe determined by use of standardized procedures including a financialassessment instrument. The financial assessment instrument shall be:
(1) based upon sound and generally accepted accountingprinciples;
(2) completed based on a personal interview of the defendantand includes any and all relevant information relating to the defendant'spresent ability to pay including, but not limited to, the information containedin § 12-20-10; and
(3) made by the defendant under oath.
(e) The financial instrument may, from time to time and afterhearing, be modified by the court.
(f) When persons come before the court for failure to payfines, fees, assessments and other costs of prosecution, or court orderedrestitution, and their ability to pay and payment schedule has not beenpreviously determined, the judge, the clerk of the court, or their designeeshall make these determinations by use of the procedures specified in thissection.
(g) Nothing in this section shall be construed to limit thecourt's ability, after hearing in open court, to revise findings about aperson's ability to pay and payment schedule made by the clerk of the court ordesignee, based upon the receipt of newly available, relevant, or otherinformation.