§706-642  Time and method of payment. 
(1)  When a defendant is sentenced to pay a fine, the court may grant
permission for the payment to be made within a specified period of time or in
specified installments.  If no such permission is embodied in the sentence, the
fine shall be payable forthwith by cash, check, or by a credit card approved by
the court.



(2)  When a defendant sentenced to pay a fine
is also sentenced to probation, the court may make the payment of the fine a
condition of probation.



(3)  When a defendant sentenced to pay a fine
is also ordered to make restitution or reparation to the victim or victims, or
to the person or party who has incurred loss or damage because of the
defendant's crime, the payment of restitution or reparation shall have priority
over the payment of the fine.  No fine shall be collected until the restitution
or reparation order has been satisfied. [L 1972, c 9, pt of §1; am L 1980, c
50, §3; am L 1986, c 226, §2]



 



COMMENTARY ON §706-642



 



  This section merely gives the court specific statutory
authorization for two common sentencing practices:  (1) installment payments of
a fine, and (2) making a fine one of the conditions of continued probation.



 



SUPPLEMENTAL COMMENTARY ON §706-642



 



  Act 50, Session Laws 1980, authorized the payment of fines by
credit cards in recognition of the widespread use of credit cards and to enable
the courts to take advantage of an efficient system of collection.



  Act 226, Session Laws 1986, ensured that, in cases where both
fines and restitution are imposed, the latter has priority; no fine is to be
collected until the restitution order is satisfied.  In enacting this change,
the legislature stated that it "supports the concept of restitution as a
valuable means of compensating losses incurred by victims and confronting the
offender with the direct personal consequences of the crime".  Senate
Standing Committee Report No. 798-86.



 



Case Notes



 



  Where defendant was sentenced pursuant to §431:10C-117(a)(2),
because the district court may have been unaware of the applicability of quoted
parts of §706-642 and this section and of its discretionary authority to
sentence defendant to perform community service rather than to pay the fine,
appellate court vacated the part of the sentence ordering defendant to pay a
$1,000 fine and remanded that part for resentencing.  77 H. 476 (App.), 888
P.2d 376.