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North Dakota Century Code Title 12.1. Criminal Code § 12.1-32-05. Imposition of fine--Response to nonpayment

Current as of January 01, 2024 | Updated by Findlaw Staff

1. The court, in making a determination of the propriety of imposing a sentence to pay a fine, shall consider the following factors:

a. The ability of the defendant to pay without undue hardship.

b. Whether the defendant, other than a defendant organization, gained money or property as a result of commission.

c. Whether the sentence to pay a fine will interfere with the defendant's capacity to make restitution.

d. Whether a sentence to pay a fine will serve a valid rehabilitative purpose.

2. The court may allow the defendant to pay any fine imposed in installments. When a defendant is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid.

3. If the defendant does not pay the fine, or make any required partial payment, the court, upon motion of the prosecuting attorney or on its own motion, may issue an order to show cause why the defendant should not be imprisoned for nonpayment. Unless the defendant shows that his default is excusable, the court may sentence him to the following periods of imprisonment for failure to pay a fine:

a. If the defendant was convicted of a misdemeanor, to a period not to exceed thirty days.

b. If the defendant was convicted of a felony, to a period not to exceed six months.

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Cite this article: FindLaw.com - North Dakota Century Code Title 12.1. Criminal Code § 12.1-32-05. Imposition of fine--Response to nonpayment - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-1-criminal-code/nd-cent-code-sect-12-1-32-05/

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