Lawful Collection of Legal Financial Obligations: A Bench Card for Judges

Authors

Date of this Version

2017

Citation

Court Review, Volume 53, Issue 3 (2017)

Comments

Copyright American Judges Association. Used by permission.

Abstract

Courts may not incarcerate a defendant/respondent, or revoke probation, for nonpayment of a court-ordered legal financial obligation unless the court holds a hearing and makes one of the following findings:

1. The failure to pay was not due to an inability to pay but was willful or due to failure to make bona fide efforts to pay; or

2. The failure to pay was not the fault of the defendant/respondent and alternatives to imprisonment are not adequate in a particular situation to meet the State's interest in punishment and deterrence.