§ 12.1-32-05 — Imposition of fine - Response to nonpayment

1. The court, in making a determination of the propriety of imposing a sentence to pay a
fine, shall consider the following factors:
a. The ability of the defendant to pay without undue hardship.
b. Whether the defendant, other than a defendant organization, gained money or
property as a result of commission.
c. Whether the sentence to pay a fine will interfere with the defendant's capacity to
make restitution.
d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.
2. The court may allow the defendant to pay any fine imposed in installments. When a
defendant is sentenced to pay a fine, the court shall not impose at the same time an
alternative sentence to be served in the event that the fine is not paid.
3. If the defendant does not pay the fine, or make any required partial payment, the court,
upon motion of the prosecuting attorney or on its own motion, may issue an order to
show cause why the defendant should not be imprisoned for nonpayment. Unless the
defendant shows that his default is excusable, the court may sentence him to the
following periods of imprisonment for failure to pay a fine:
a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty
days.
b. If the defendant was convicted of a felony, to a period not to exceed six months.