ROBERT L. EHRLICH, JR., Governor

Ch. 26

7-504. FAILURE OR INABILITY TO PAY FINE.

(A)     APPLICATION FOR REDUCTION.

A DEFENDANT WHO IS UNABLE TO PAY A FINE ORDERED BY A COURT MAY
APPLY TO THE COURT FOR A REDUCTION OF THE FINE.

(B)     COURT INVESTIGATION.

IF A DEFENDANT FAILS OR IS UNABLE TO PAY A FINE AS ORDERED BY A COURT,
THE COURT MAY INVESTIGATE THE REASONS FOR THE FAILURE OR INABILITY TO
PAY THE FINE, INCLUDING THE DEFENDANT'S FINANCIAL AND FAMILY SITUATION
AND WHETHER NONPAYMENT OF THE FINE IS CONTUMACIOUS OR IS DUE TO
INDIGENCE.

(C)     ORDER BY COURT.

AFTER AN INVESTIGATION THAT A COURT CONSIDERS NECESSARY AS TO THE
REASONS FOR THE FAILURE OR INABILITY TO PAY A FINE, THE COURT:

(1)      MAY ORDER THAT THE INDIVIDUAL BE COMMITTED TO A
CORRECTIONAL FACILITY;

(2)      MAY REDUCE THE FINE TO AN AMOUNT THAT THE COURT
DETERMINES THE DEFENDANT IS ABLE TO PAY; OR

(3)      SUBJECT TO SUBSECTION (D) OF THIS SECTION, MAY DIRECT THAT
THE INDIVIDUAL BE IMPRISONED UNTIL PAYMENT OF:

(I)      THE FINE; OR

(II)  PART OF THE FINE THAT IS UNDISCHARGED AFTER A PRO RATA
CREDIT FOR TIME SERVED INSTEAD OF PAYMENT.

(D)     LIMITATIONS.

(1)      SUBJECT TO THE LIMITATIONS IN THIS SUBSECTION, THE COURT
SHALL DETERMINE THE PERIOD OF IMPRISONMENT FOR DEFAULT IN PAYMENT OF A
FINE.

(2)      THE PERIOD OF IMPRISONMENT MAY NOT EXCEED:

(I)      1 DAY FOR EACH $10 OF THE FINE; AND

(II)     IF THE FINE WAS IMPOSED FOR A CRIME SUBJECT TO
PUNISHMENT BY IMPRISONMENT, ONE-THIRD OF THE MAXIMUM TERM AUTHORIZED
BY THE STATUTE OR ORDINANCE UNDER WHICH THE INDIVIDUAL WAS CONVICTED,
OR 90 DAYS, WHICHEVER IS LESS; OR

(III)   IF THE FINE WAS IMPOSED FOR A CRIME THAT IS NOT SUBJECT
TO PUNISHMENT BY IMPRISONMENT, ABSENT DEFAULT IN PAYMENT OF A FINE, 15
DAYS.

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