Virginia SB 833: Fines and court costs; community work in lieu of payment.

Bill Text

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2017 SESSION

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17100385D

SENATE BILL NO. 833 

Offered January 11, 2017 

Prefiled November 15, 2016 

A BILL to amend and reenact � 19.2-354 of the Code of 
 Virginia, relating to authority of court to order community work in lieu of 
 payment of fines and costs. 
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Patrons-- Sturtevant and Obenshain 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 19.2-354 of the Code of Virginia is amended and 
 reenacted as follows:

� 19.2-354. Authority of court to order payment of fine, 
 costs, forfeitures, penalties or restitution in installments or upon other 
 terms and conditions; community work in lieu of payment.

A. Whenever (i) a defendant, convicted of a traffic infraction 
 or a violation of any criminal law of the Commonwealth or of any political 
 subdivision thereof, or found not innocent in the case of a juvenile, is 
 sentenced to pay a fine, restitution, forfeiture or penalty and (ii) the 
 defendant is unable to make payment of the fine, restitution, forfeiture, or 
 penalty and costs within 30 days of sentencing, the court shall order the 
 defendant to pay such fine, restitution, forfeiture or penalty and any costs 
 which the defendant may be required to pay in deferred payments or 
 installments. The court assessing the fine, restitution, forfeiture, or penalty 
 and costs may authorize the clerk to establish and approve individual deferred 
 or installment payment agreements. Any payment agreement authorized under this 
 section shall be consistent with the Rules of Supreme Court of Virginia, 
 including any required minimum payments or other required conditions. The 
 requirements established by the Rules of Supreme Court of Virginia shall be 
 posted in the clerk's office and on the court's website, if a website is 
 available. As a condition of every such agreement, a defendant who enters into 
 an installment or deferred payment agreement shall promptly inform the court of 
 any change of mailing address during the term of the agreement. If the 
 defendant is unable to make payment within 30 days of sentencing, the court may 
 assess a one-time fee not to exceed $10 to cover the costs of management of the 
 defendant's account until such account is paid in full. This one-time fee shall 
 not apply to cases in which costs are assessed pursuant to � 17.1-275.1, 
 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9. 
 Installment or deferred payment agreements shall include terms for payment if 
 the defendant participates in a program as provided in subsection B or C. The 
 court, if such sum or sums are not paid in full by the date ordered, shall 
 proceed in accordance with � 19.2-358.

B. When a person sentenced to the Depar