(A) When an individual obligated to pay a fine, costs, forfeiture, restitution or penalty defaults in the payment or any installment payment, the court, upon the motion of the attorney for the town or for the commonwealth, or upon its own motion, may require him or her to show cause why he or she should not be confined in jail or fined for nonpayment. A show cause proceeding shall not be required prior to issuance of a capias if an order to appear on a date certain in the event of nonpayment was issued pursuant to VA Code, § 19.2-354(A) and the defendant failed to appear.
(B) Following the order to show cause or following a capias issued for a defendant’s failure to comply with a court order to appear issued pursuant to VA Code, § 19.2-354(A), unless the defendant shows that his or her default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his or her part to make a good-faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt, for a term not to exceed 60 days, or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his or her release from the confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the amounts.
(C) If it appears that the default is excusable under the standards set forth in division (B) of this section, the court may enter an order allowing the defendant additional 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 the collection of fines by any means authorized for the enforcement of money judgments rendered in favor of the town.
(1997 Code, § 1-16)
Statutory reference:
Similar provisions, see VA Code § 19.2-358