19.2-354 - Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment.
§ 19.2-354. Authority of court to order payment of fine, costs, forfeitures,penalties or restitution in installments or upon other terms and conditions;community work in lieu of payment.
A. Whenever (i) a defendant, convicted of a traffic infraction or a violationof any criminal law of the Commonwealth or of any political subdivisionthereof, or found not innocent in the case of a juvenile, is sentenced to paya fine, restitution, forfeiture or penalty and (ii) the defendant is unableto make payment of the fine, restitution, forfeiture, or penalty and costswithin fifteen days of sentencing, the court shall order the defendant to paysuch fine, restitution, forfeiture or penalty and any costs which thedefendant may be required to pay in deferred payments or installments. Thecourt may authorize the clerk to establish and approve the conditions of alldeferred or installment payment agreements, pursuant to guidelinesestablished by the court. As a condition of every such agreement, a defendantwho enters into an installment or deferred payment agreement shall promptlyinform the court of any change of mailing address during the term of theagreement. If the defendant is unable to make payment within fifteen days ofsentencing, the court may assess a one-time fee not to exceed ten dollars tocover the costs of management of the defendant's account until such accountis paid in full. This one-time fee shall not apply to cases in which costsare assessed pursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4,17.1-275.7, 17.1-275.8 or 17.1-275.9. Installment or deferred paymentagreements shall include terms for payment if the defendant participates in aprogram as provided in subsection B or C. The court, if such sum or sums arenot paid in full by the date ordered, shall proceed in accordance with §19.2-358.
B. When a person sentenced to the Department of Corrections or a localcorrectional facility owes any fines, costs, forfeitures, restitution orpenalties, he shall be required as a condition of participating in any workrelease, home/electronic incarceration or nonconsecutive days program as setforth in § 53.1-60, 53.1-131, 53.1-131.1 or 53.1-131.2 to either make fullpayment or make payments in accordance with his installment or deferredpayment agreement while participating in such program. If, after the personhas an installment or deferred payment agreement, the person fails to pay asordered, his participation in the program may be terminated until all fines,costs, forfeitures, restitution and penalties are satisfied. The Director ofthe Department of Corrections and any sheriff or other administrative head ofany local correctional facility shall withhold such ordered payments from anyamounts due to such person. Distribution of the money collected shall be madein the following order of priority to:
1. Meet the obligation of any judicial or administrative order to providesupport and such funds shall be disbursed according to the terms of suchorder;
2. Pay any fines, restitution or costs as ordered by the court;
3. Pay travel and other such expenses made necessary by his work releaseemployment or participation in an education or rehabilitative program,including the sums specified in § 53.1-150; and
4. Defray the offender's keep.
The balance shall be credited to the offender's account or sent to his familyin an amount the offender so chooses.
The Board of Corrections shall promulgate regulations governing the receiptof wages paid to persons participating in such programs, the withholding ofpayments and the disbursement of appropriate funds.
C. The court shall establish a program and may provide an option to anyperson upon whom a fine and costs have been imposed to discharge all or partof the fine or costs by earning credits for the performance of communityservice work before or after imprisonment. The program shall specify the rateat which credits are earned and provide for the manner of applying earnedcredits against the fine or costs. The court shall have such other authorityas is reasonably necessary for or incidental to carrying out this program.
D. When the court has authorized deferred payment or installment payments,the clerk shall give notice to the defendant that upon his failure to pay asordered he may be fined or imprisoned pursuant to § 19.2-358 and hisprivilege to operate a motor vehicle will be suspended pursuant to § 46.2-395.
E. The failure of the defendant to enter into a deferred payment orinstallment payment agreement with the court or the failure of the defendantto make payments as ordered by the agreement shall allow the Tax Commissionerto act in accordance with § 19.2-349 to collect all fines, costs, forfeituresand penalties.
(Code 1950, § 19.1-347.1; 1971 Ex. Sess., c. 250; 1975, c. 495; 1977, c. 585;1982, c. 244; 1984, c. 32; 1986, c. 230; 1988, cc. 770, 852; 1994, cc. 841,945; 1995, cc. 380, 441; 1996, c. 273; 1998, c. 831; 1999, c. 9; 2001, c.414; 2002, c. 831; 2009, c. 741.)