(A) If a defendant sentenced to pay a fine, restitution, a jail services recovery fee, or other court fee or cost defaults in the payment of such or of any installment, the Clerk of the Court shall notify the Prosecutor, the Court, and any person entitled to payment pursuant to a court order. The Court, on motion of the Prosecuting Attorney, on petition of any person entitled to payment pursuant to a court order, or on its own motion, may 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) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the Court or an intentional refusal on the defendant's part 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 order the defendant incarcerated until the payment, or a specified part thereof, is paid, or revoke the defendant's probation or parole and sentence the defendant pursuant to law.
(C) If the Court finds that the default is not intentional, but that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the Court may take any lawful action, including any of the following:
(1) Modifying the manner in which the payment is to be paid.
(2) Entering any reasonable order which would assure compliance with the order to pay.
(3) Authorizing any person or entity entitled to payment pursuant to a court order to take whatever measures for the collection thereof of the unpaid balance as are authorized for the collection of an unpaid civil judgment entered against the defendant in an action on a debt. Any levy or execution for collection does not discharge a defendant incarcerated for non-payment until the amount of the fine, restitution, jail services recovery fee, or other fee or cost is fully collected.
(D) If a fine, restitution, jail services recovery fee, or other fee or cost is 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 from those assets and their failure to do shall be held a contempt unless they make the showing required in division (B) above.
(`87 Code, § 5-3-4(F)) (Am. Ord. 91-22, passed 12-16-91; Am. Ord. 93-16, passed 11-1-93; Am. Ord. 96-14, passed 10-21-96)
Statutory reference:
Failure to pay fine, see Az. R. Crim. Proc., Rule 26.12(c)