The court may review the reasonableness of immediate payment or a payment plan, and may on its own motion or by petition, waive, modify, or convert the outstanding fines, forfeitures, or restitution to community service in an amount commensurate with the total imposed.
(a) The minimum wage established by the prevailing federal minimum wage in effect at the time sentencing is imposed shall be used to compute the amount of community service work necessary to extinguish the fine.
(b) The time period for completion of community service shall be set at the discretion of the municipal judge.
(c) At the discretion of the court, the sentence credits may run concurrently or consecutively.
(d) Any community service ordered under this section shall be performed for government entities or charitable or nonprofit entities.
(e) It is the responsibility of the convicted party to arrange the community service with a government entity or an approved 501c3 organization in Charles Town. A list of approved entities is available from City Hall.
(f) Such arrangements must be made, in writing, with the Court Clerk, within thirty (30) days of the conviction. The convicted party must abide by all of the responsibilities and requirements laid out on the Community Service Agreement.
(g) The individual so sentenced will be supervised by the Chief of Police or their designee. The hours worked will be reported in writing to the Court Clerk.
(h) If safe and practicable, it is preferred that the scope of community service activities serve to recompense the community and offset the damage to property and well-being caused by the convicted party.
(i) Fees and court costs will still be assessed against the convicted party and must be paid at the time of conviction. Only the fine can be commuted via community service.
(j) Failure to complete the full amount of community service in the allotted time will result in the remaining balance still owed by the convicted party to the City of Charles Town and must be paid upon the expiration of the community service term.
(Ord. 2023-002. Passed 11-6-23.)