§ 19.2-358. Procedure on default in deferred payment or installment paymentof fine, costs, forfeiture, restitution or penalty.
A. When an individual obligated to pay a fine, costs, forfeiture, restitutionor penalty defaults in the payment or any installment payment, the court uponthe motion of the Commonwealth in the case of a conviction of a violation ofa state law, or attorney for a locality or for the Commonwealth in the eventof a conviction of a violation of a local law or ordinance, or upon its ownmotion, may require him to show cause why he should not be confined in jailor fined for nonpayment. A show cause proceeding shall not be required priorto issuance of a capias if an order to appear on a date certain in the eventof nonpayment was issued pursuant to subsection A of § 19.2-354 and thedefendant failed to appear.
B. Following the order to show cause or following a capias issued for adefendant's failure to comply with a court order to appear issued pursuant tosubsection A of § 19.2-354, unless the defendant shows that his default wasnot attributable to an intentional refusal to obey the sentence of the court,or not attributable to a failure on his part to make a good faith effort toobtain the necessary funds for payment, or unless the defendant shows thatany failure to appear was not attributable to an intentional refusal to obeythe order of the court, the court may order the defendant confined as for acontempt for a term not to exceed sixty days or impose a fine not to exceed$500. The court may provide in its order that payment or satisfaction of theamounts in default at any time will entitle the defendant to his release fromsuch confinement or, after entering the order, may at any time reduce thesentence for good cause shown, including payment or satisfaction of suchamounts.
C. If it appears that the default is excusable under the standards set forthin subsection B hereof, the court may enter an order allowing the defendantadditional time for payment, reducing the amount due or of each installment,or remitting the unpaid portion in whole or in part.
D. Nothing in this section shall be deemed to alter or interfere with thecollection of fines by any means authorized for the enforcement of moneyjudgments rendered in favor of the Commonwealth or any locality within theCommonwealth.
(Code 1950, § 19.1-347.6; 1973, c. 342; 1975, c. 495; 1977, c. 223; 1987, c.238; 1988, cc. 770, 852; 1992, c. 485; 1994, c. 546.)
§ 19.2-358. Procedure on default in deferred payment or installment paymentof fine, costs, forfeiture, restitution or penalty.
A. When an individual obligated to pay a fine, costs, forfeiture, restitutionor penalty defaults in the payment or any installment payment, the court uponthe motion of the Commonwealth in the case of a conviction of a violation ofa state law, or attorney for a locality or for the Commonwealth in the eventof a conviction of a violation of a local law or ordinance, or upon its ownmotion, may require him to show cause why he should not be confined in jailor fined for nonpayment. A show cause proceeding shall not be required priorto issuance of a capias if an order to appear on a date certain in the eventof nonpayment was issued pursuant to subsection A of § 19.2-354 and thedefendant failed to appear.
B. Following the order to show cause or following a capias issued for adefendant's failure to comply with a court order to appear issued pursuant tosubsection A of § 19.2-354, unless the defendant shows that his default wasnot attributable to an intentional refusal to obey the sentence of the court,or not attributable to a failure on his part to make a good faith effort toobtain the necessary funds for payment, or unless the defendant shows thatany failure to appear was not attributable to an intentional refusal to obeythe order of the court, the court may order the defendant confined as for acontempt for a term not to exceed sixty days or impose a fine not to exceed$500. The court may provide in its order that payment or satisfaction of theamounts in default at any time will entitle the defendant to his release fromsuch confinement or, after entering the order, may at any time reduce thesentence for good cause shown, including payment or satisfaction of suchamounts.
C. If it appears that the default is excusable under the standards set forthin subsection B hereof, the court may enter an order allowing the defendantadditional time for payment, reducing the amount due or of each installment,or remitting the unpaid portion in whole or in part.
D. Nothing in this section shall be deemed to alter or interfere with thecollection of fines by any means authorized for the enforcement of moneyjudgments rendered in favor of the Commonwealth or any locality within theCommonwealth.
(Code 1950, § 19.1-347.6; 1973, c. 342; 1975, c. 495; 1977, c. 223; 1987, c.238; 1988, cc. 770, 852; 1992, c. 485; 1994, c. 546.)
§ 19.2-358. Procedure on default in deferred payment or installment paymentof fine, costs, forfeiture, restitution or penalty.
A. When an individual obligated to pay a fine, costs, forfeiture, restitutionor penalty defaults in the payment or any installment payment, the court uponthe motion of the Commonwealth in the case of a conviction of a violation ofa state law, or attorney for a locality or for the Commonwealth in the eventof a conviction of a violation of a local law or ordinance, or upon its ownmotion, may require him to show cause why he should not be confined in jailor fined for nonpayment. A show cause proceeding shall not be required priorto issuance of a capias if an order to appear on a date certain in the eventof nonpayment was issued pursuant to subsection A of § 19.2-354 and thedefendant failed to appear.
B. Following the order to show cause or following a capias issued for adefendant's failure to comply with a court order to appear issued pursuant tosubsection A of § 19.2-354, unless the defendant shows that his default wasnot attributable to an intentional refusal to obey the sentence of the court,or not attributable to a failure on his part to make a good faith effort toobtain the necessary funds for payment, or unless the defendant shows thatany failure to appear was not attributable to an intentional refusal to obeythe order of the court, the court may order the defendant confined as for acontempt for a term not to exceed sixty days or impose a fine not to exceed$500. The court may provide in its order that payment or satisfaction of theamounts in default at any time will entitle the defendant to his release fromsuch confinement or, after entering the order, may at any time reduce thesentence for good cause shown, including payment or satisfaction of suchamounts.
C. If it appears that the default is excusable under the standards set forthin subsection B hereof, the court may enter an order allowing the defendantadditional time for payment, reducing the amount due or of each installment,or remitting the unpaid portion in whole or in part.
D. Nothing in this section shall be deemed to alter or interfere with thecollection of fines by any means authorized for the enforcement of moneyjudgments rendered in favor of the Commonwealth or any locality within theCommonwealth.
(Code 1950, § 19.1-347.6; 1973, c. 342; 1975, c. 495; 1977, c. 223; 1987, c.238; 1988, cc. 770, 852; 1992, c. 485; 1994, c. 546.)
