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2009 SESSION
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 fifteen 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 may authorize the clerk to establish and approve the
conditions of all deferred or installment payment agreements, pursuant to
guidelines established by the court. 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 fifteen days
of sentencing, the court may assess a one-time fee not to exceed ten dollars 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 Department of Corrections or
a local correctional facility owes any fines, costs, forfeitures, restitution
or penalties, he shall be required as a condition of participating in any work
release, home/electronic incarceration or nonconsecutive days program as set
forth in §§ 53.1-60, 53.1-131, 53.1-131.1 or § 53.1-131.2 to
either make full payment or make payments in accordance with his installment or
deferred payment agreement while participating in such program. If, after the
person has an installment or deferred payment agreement, the person fails to
pay as ordered, his participation in the program may be terminated until all
fines, costs, forfeitures, restitution and penalties are satisfied. The
Director of the Department of Corrections and any sheriff or other
administrative head of any local correctional facility shall withhold such
ordered payments from any amounts due to such person. Distribution of the money
collected shall be made in the following order of priority to:
1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court;
3. Pay travel and other such expenses made necessary by his work release employment or participation in an education or rehabilitative program, including the sums specified in § 53.1-150; and
4. Defray the offender's keep.
The balance shall be credited to the offender's account or sent to his family in an amount the offender so chooses.
The Board of Corrections shall promulgate regulations governing the receipt of wages paid to persons participating in such programs, the withholding of payments and the disbursement of appropriate funds.
C. The court shall establish a program to and may
provide an option to any person upon whom a fine and costs have been imposed to
discharge all or part of the fine or costs by earning credits for the
performance of community service work before or after imprisonment. The program
shall specify the rate at which credits are earned and provide for the manner
of applying earned credits against the fine or costs. The court shall have such
other authority as is reasonably necessary for or incidental to carrying out
this program.
D. When the court has authorized deferred payment or installment payments, the clerk shall give notice to the defendant that upon his failure to pay as ordered he may be fined or imprisoned pursuant to § 19.2-358 and his privilege to operate a motor vehicle will be suspended pursuant to § 46.2-395.
E. The failure of the defendant to enter into a deferred payment or installment payment agreement with the court or the failure of the defendant to make payments as ordered by the agreement shall allow the Tax Commissioner to act in accordance with § 19.2-349 to collect all fines, costs, forfeitures and penalties.