§ 12-21-20. Order to pay costs and determination of ability to pay.
(a) If, upon any complaint or prosecution before any court, the defendant shall be ordered
to pay a fine, enter into a recognizance, or suffer any penalty or forfeiture, he
or she shall also be ordered to pay all costs of prosecution, unless directed otherwise
by law.
(b) If a defendant is determined to be indigent by the standards set forth in § 12-20-10(a) following the defendant's sworn testimony or by submission of a financial assessment
instrument, all court costs, assessments, and fees shall be waived. The financial
assessment instrument shall be:
(1) Created by the court based upon sound and generally accepted accounting principles
and may be modified by the court from time to time;
(2) Include any and all relevant information relating to the defendant's present ability
to pay; and
(3) Be certified or made by the defendant under oath.
(c) Non-indigent defendants claiming a limited or inability to pay court costs, assessments,
and fees may request the court waive court costs, assessments, and fees upon submission
of a completed financial assessment instrument. Upon submission of a completed financial
assessment instrument, a defendant may during sentencing or any time after the disposition
of the matter request an ability to pay determination to seek the remission or reduction
of any fines, court costs, assessments, fees and other costs of prosecution, or changes
to the terms of a payment schedule.
(d) [Deleted by P.L. 2022, ch. 200, § 3 and P.L. 2022, ch. 201, § 3.]
(e) [Deleted by P.L. 2022, ch. 200, § 3 and P.L. 2022, ch. 201, § 3.]
(f) When persons come before the court for failure to pay fines, fees, assessments and
other costs of prosecution, or court ordered restitution, and their ability to pay
and payment schedule has not been previously determined, the judge, the clerk of the
court, or their designee shall make these determinations by use of the procedures
specified in this section.
(g) Nothing in this section shall be construed to limit the court's ability, after hearing
in open court, to revise findings about a person's ability to pay and payment schedule
made by the clerk of the court or designee, based upon the receipt of newly available,
relevant, or other information.