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46.2105 Nonpayment-Warrant of arrest or summons.

Cite as [A.S.C.A. § 46.2105]

(a) When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the court upon motion of the Attorney General or upon its own motion, may require him to show cause why he should not be imprisoned for nonpayment. The court may issue a warrant of arrest or a summons for his appearance.

(b) Following an order to show cause under subsection (a), unless the offender shows that his default was not 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 to obtain the necessary funds for payment, the court may order the defendant imprisoned for a term not to exceed 180 days if the fine was imposed for conviction of a felony, misdemeanor, or infraction. The court may provide in its order that payment or satisfaction of the fine at any time will entitle the offender to his re-lease from the imprisonment or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the fine.

(c) If it appears that the default in the payment of a fine is excusable under the standards set forth in subsection (b), the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion in whole or in part.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 560.031.