§ 12-20-10. Remission of costs — Indigency — Limited ability to pay — Inherent power — Prohibition
against remitting order of restitution.
(a) The payment of court costs, assessments, and fees in criminal cases shall, upon application
or sworn testimony, presented during sentencing or any time thereafter, be remitted
in whole based on a determination that a defendant is indigent pursuant to the standards
set forth in this section.
(1) Qualification for and/or receipt of any of the following benefits or services by the
defendant shall be prima facie evidence of the defendant's indigency:
(i) Temporary assistance to needy families;
(ii) Social security including supplemental security income and state supplemental payments
program;
(iii) Public assistance;
(iv) Disability insurance; or
(v) Food stamps.
(2) The superior and district courts may establish additional criteria and/or procedures
for the determination of an ability to pay and for the administration of this section.
(b) If a defendant is not indigent, the payment of court costs, assessments, and fees
in criminal cases may, upon sworn testimony or application during sentencing or any
time thereafter, be remitted in whole or in part by any justice of the superior or
district court or the justice's designee pursuant to a determination of limited or
inability to pay based upon the standards set forth in this section, or any other
considerations the court may deem appropriate. Provided further that any judge of
a district court may remit the court costs, assessments, and fees in criminal case(s)
pending in his or her court, or in the case of any prisoner sentenced by the court,
where no appeal of the sentence has been taken.
(1) In making its assessment of a defendant's limited or inability to pay, the court may
consider the defendant's good faith efforts to pay, and/or his or her outstanding
court orders for payments in the amount of one hundred dollars ($100) or more for
any of the following:
(i) Restitution payments to the victims of crime;
(ii) Child support payments;
(iii) Payments for any counseling required as a condition of the sentence imposed including,
but not limited to, substance abuse, mental health, and domestic violence; or
(iv) Fines imposed as part of the sentence.
(2) Notwithstanding any other provision of law, this section shall not limit the court's
inherent power to remit any fine, court costs, fees, assessments, or other costs of
prosecution, provided no order of restitution shall be suspended by the court.