§ 35-38-1-18 — Fines and costs; suspension of fines; commitment instead of fine; default

Indiana § 35-38-1-18

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 1: Entry of Judgment and Sentencing

Text

(a) Except as provided in subsection (b),
whenever the court imposes a fine, it shall conduct a hearing to
determine whether the convicted person is indigent. If the person is not
indigent, the court shall order:
(1) that the person pay the entire amount at the time sentence is
pronounced;
(2) that the person pay the entire amount at some later date;
(3) that the person pay specified parts at designated intervals; or
(4) at the request of the person, commitment of the person to the
county jail for a period of time set by the court in lieu of a fine. If
the court orders a person committed to jail under this subdivision,
the person's total confinement for the crime that resulted in the
conviction must not exceed the maximum term of imprisonment
prescribed for the crime under IC 35-50-2 or IC 35-50-3.
(b) A court may impose a fine and suspend payment of all or part of
the fine until the convicted person has completed all or part of the
sentence. If the court suspends payment of the fine, the court shall
conduct a hearing at the time the fine is due to determine whether the
convicted person is indigent. If the convicted person is not indigent, the
court shall order the convicted person to pay the fine:
(1) at the time the fine is due; or
(2) in a manner set forth in subsection (a)(2) through (a)(4).
(c) If a court suspends payment of a fine under subsection (b), the
court retains jurisdiction over the convicted person until the convicted
person has paid the entire amount of the fine.
(d) Upon any default in the payment of the fine:
(1) an attorney representing the county may bring an action on a
debt for the unpaid amount;
(2) the court may direct that the person, if the person is not
indigent, be committed to the county jail and credited toward
payment at the rate of twenty dollars ($20) for each twenty-four
(24) hour period the person is confined, until the amount paid
plus the amount credited equals the entire amount due; or
(3) the court may institute contempt proceedings or order the
convicted person's wages, salary, and other income garnished in
accordance with IC 24-4.5-5-105 to enforce the court's order for
payment of the fine.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.204-1986, SEC.2; P.L.305-1987, SEC.35; P.L.137-1989, SEC.11; P.L.156-2007, SEC.4.