§ 13-825 — Mitigation of fines and surcharges

A. A judge may mitigate a fine if the defendant who is ordered to pay the fine demonstrates that the payment would work a hardship on the defendant or on the defendant's immediate family, except that a judge may not mitigate a fine imposed pursuant to section 28-1381, 28-1382 or 28-1383.

B. In determining whether to mitigate a fine, the court may consider any relevant evidence, including:

1. The impact of the fine on the ability of the defendant to pay the restitution.

2. The extent of the financial hardship on the defendant or on the defendant's immediate family.

3. Whether the defendant is receiving benefits pursuant to any of the following:

(a) The temporary assistance for needy families program established by section 403 of title IV of the social security act.

(b) The supplemental nutrition assistance program (7 United States Code sections 2011 through 2036c).

(c) The supplemental security income program (42 United States Code sections 1381 through 1383f).

4. Whether the defendant is seeking, obtaining or maintaining employment if legally permitted to do so or is attending school.

5. A defendant's medical condition.

C. A judge may mitigate a surcharge that is imposed pursuant to sections 12-116.01 and 12-116.02 if the fine is mandatory.