Bill Text: AZ HB2169 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Incarceration; prohibited; failure to pay
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-22 - Assigned to House RULES Committee [HB2169 Detail]
Download: Arizona-2019-HB2169-Introduced.html
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REFERENCE TITLE: incarceration; prohibited; failure to pay |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2169 |
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Introduced by Representative Bolding
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AN ACT
amending sections 13‑810 and 31‑331, Arizona Revised Statutes; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-810, Arizona Revised Statutes, is amended to read:
13-810. Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a surcharge, a fee, an assessment or incarceration costs defaults in the payment of the fine, surcharge, fee, assessment or incarceration costs or of any installment as ordered, the court, on motion of the prosecuting attorney or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
B. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the court, on motion of the prosecuting attorney, on petition of any person entitled to restitution pursuant to a court order or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
C. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, the court, on receipt of a petition and issuance of an order to show cause, has jurisdiction to preserve rights over all restitution liens entered pursuant to section 13‑806, subsection B, and perfected pursuant to section 13‑806, subsection E.
D. At any hearing on the order to show cause the court, the prosecuting attorney or a person entitled to restitution may examine the defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.
E. If the court finds that the defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following:
1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid.
2. Refer the defendant for revocation of probation, parole or community supervision as authorized by law.
3. 1. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.
4. 2. Order the defendant to perform community restitution.
F. If the court finds that the default is not wilful and that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the court may take any lawful action including:
1. Modify the manner in which the restitution, fine, surcharge, fee, assessment or incarceration costs are to be paid.
2. Enter any reasonable order that would assure compliance with the order to pay.
3. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.
G. If a fine, a surcharge, a fee, an assessment, restitution or incarceration costs are imposed on an enterprise it is the duty of the person or persons authorized to make disbursement from the assets of the enterprise to pay them from those assets, and their failure to do so shall be held a contempt unless they make the showing required in subsection A or B of this section.
H. If a defendant is sentenced to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs, the clerk of the sentencing court, on request, shall make the defendant's payment history available to the prosecutor, victim, victim's attorney, probation department and court without cost.
I. The court may not order the defendant incarcerated in the county jail solely on the basis of the defendant's nonpayment of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs.
Sec. 2. Section 31-331, Arizona Revised Statutes, is amended to read:
31-331. Definitions
In this article, unless the context otherwise requires:
1. "Court" means a justice of the peace, town magistrate, city magistrate, superior court commissioner or superior court judge.
2. "Detention facility" means any jail or other place of detention of persons who are charged with or convicted of a crime, including town, city, county, or regional facilities.
3. "Employment" includes vocational training and other educational and rehabilitative activities, whether or not for compensation.
4. "Local governing board" means town council, city council or board of supervisors, or any combination thereof.
5. "Prisoner" means a person who is incarcerated in a detention facility and who has been charged with or convicted of a misdemeanor, or a person who is incarcerated for nonpayment of a fine, for contempt or as a condition of probation for any criminal offense.
6. "Work furlough administrator" means a probation officer, sheriff, or other person authorized by the local governing board to perform the functions of the work furlough administrator.
