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HCS/HB 192 - Currently, associate circuit judges have the power to commute fines and costs of any defendant who is unable to pay if the defendant requests to be imprisoned in the county jail. The imprisonment is credited at a rate of $10 per day. This act repeals these provisions. Under this act, a municipal judge, associate circuit judge, or circuit judge has the discretion to provide for the payment of any fines assessed by the judge on an installment basis. The recovery of costs incurred by the municipality or county for the detention, imprisonment, or holding of any person shall not be the subject of any condition of probation. Additionally, the failure to pay such costs shall not be the sole basis for the issuance of a warrant. Currently, when a defendant defaults in the payment of fines, the court may require the defendant to show cause as to why he or she should not be imprisoned. If no such showing is made, the court may imprison a defendant for a specified term depending on whether the underlying offense was a felony, misdemeanor, or infraction. If the defendant makes such a showing, then the court may enter an order allowing for additional time, reducing the amount of the fine, or revoking the fine in whole or in part. If a fine is imposed on a corporation, the person authorized to make disbursements of the corporation's assets shall pay the fine and failure to pay will result in such person's imprisonment. This act repeals these provisions and provides that the fine shall be collected by any means authorized for the collection of money judgments or may be waived by the sentencing judge. KATIE O'BRIEN
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