{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-354.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-354.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-354.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-354.html"}],"law_id":81152,"edition_id":1,"section_id":81152,"structure_id":14349,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","history":"Code 1950, \u00a7 19.1-347.1; 1971 Ex. Sess., c. 250; 1975, c. 495; 1977, c. 585; 1982, c. 244; 1984, c. 32; 1986, c. 230; 1988, cc. 770, 852; 1994, cc. 841, 945; 1995, cc. 380, 441; 1996, c. 273; 1998, c. 831; 1999, c. 9; 2001, c. 414; 2002, c. 831; 2009, c. 741; 2012, c. 615; 2015, c. 265; 2016, c. 282; 2017, cc. 757, 802, 806; 2018, c. 61; 2020, cc. 25, 188, 759, 964, 965; 2021, Sp. Sess. I, cc. 190, 388, 393.","full_text":"A\n\nAny defendant convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent in the case of a juvenile, who is sentenced to pay a fine, restitution, forfeiture, or penalty may pay such fine, restitution, forfeiture, or penalty and any costs that the defendant may be required to pay in deferred payments or installments. The court assessing the fine, restitution, forfeiture, or penalty and costs shall authorize the clerk to establish and approve individual deferred or installment payment agreements. If the defendant owes court-ordered restitution and enters into a deferred or installment payment agreement, any moneys collected pursuant to such agreement shall be used first to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any other fine, forfeiture, penalty, or cost owed, unless an order for restitution is docketed in the name of the victim or it is ordered that an assignment of the judgment to the victim be docketed. Any payment agreement authorized under this section shall be consistent with the provisions of § 19.2-354.1. The requirements set forth in § 19.2-354.1 shall be posted in the clerk’s office and on the court’s website, if a website is available. As a condition of every such agreement, a defendant who enters into an installment or deferred payment agreement shall promptly inform the court of any change of mailing address during the term of the agreement. If the defendant is unable to make payment within 90 days of sentencing, the court may assess a one-time fee not to exceed $10 to cover the costs of management of the defendant’s account until such account is paid in full. This one-time fee shall not apply to cases in which costs are assessed pursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9. Installment or deferred payment agreements shall include terms for payment if the defendant participates in a program as provided in subsection B or C. The court, if such sum or sums are not paid in full by the date ordered, shall proceed in accordance with § 19.2-358.B\n\nWhen a person sentenced to the Department of Corrections or a local correctional facility owes any fines, costs, forfeitures, restitution, or penalties, he shall be required as a condition of participating in any work release, home\/electronic incarceration, or nonconsecutive days program as set forth in \u00a7 53.1-60, 53.1-131, 53.1-131.1, or 53.1-131.2 to either make full payment or make payments in accordance with his installment or deferred payment agreement while participating in such program. If, after the person has an installment or deferred payment agreement, the person fails to pay as ordered, his participation in the program may be terminated until all fines, costs, forfeitures, restitution, and penalties are satisfied. The Director of the Department of Corrections and any sheriff or other administrative head of any local correctional facility shall withhold such ordered payments from any amounts due to such person. Distribution of the moneys collected shall be made in the following order of priority to:1\n\nMeet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;2\n\nPay any restitution as ordered by the court;3\n\nPay any fines or costs as ordered by the court;4\n\nPay travel and other such expenses made necessary by his work release employment or participation in an education or rehabilitative program, including the sums specified in § 53.1-150; and5\n\nDefray the offender’s keep.\n\t\t\t\tThe balance shall be credited to the offender’s account or sent to his family in an amount the offender so chooses.\n\t\t\t\tThe State Board of Local and Regional Jails shall promulgate regulations governing the receipt of wages paid to persons sentenced to local correctional facilities participating in such programs, the withholding of payments, and the disbursement of appropriate funds. The Director of the Department of Corrections shall prescribe rules governing the receipt of wages paid to persons sentenced to state correctional facilities participating in such programs, the withholding of payments, and the disbursement of appropriate funds.C\n\nThe court shall establish a program and may provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work (i) before or after imprisonment or (ii) in accordance with the provisions of § 19.2-316.4, 53.1-59, 53.1-60, 53.1-128, 53.1-129, or 53.1-131 during imprisonment. The program shall specify the rate at which credits are earned and provide for the manner of applying earned credits against the fine or costs. The court assessing the fine or costs against a person shall inform such person of the availability of earning credit toward discharge of the fine or costs through the performance of community service work under this program and provide such person with written notice of terms and conditions of this program. The court shall have such other authority as is reasonably necessary for or incidental to carrying out this program.D\n\nWhen the court has authorized deferred payment or installment payments, the clerk shall give notice to the defendant that upon his failure to pay as ordered he may be fined or imprisoned pursuant to § 19.2-358.E\n\nThe failure of the defendant to enter into a deferred payment or installment payment agreement with the court or the failure of the defendant to make payments as ordered by the agreement shall allow the Tax Commissioner to act in accordance with § 19.2-349 to collect all fines, costs, forfeitures, and penalties.","order_by":null,"text":{"0":{"id":290886,"text":"Any defendant convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or found not innocent in the case of a juvenile, who is sentenced to pay a fine, restitution, forfeiture, or penalty may pay such fine, restitution, forfeiture, or penalty and any costs that the defendant may be required to pay in deferred payments or installments. The court assessing the fine, restitution, forfeiture, or penalty and costs shall authorize the clerk to establish and approve individual deferred or installment payment agreements. If the defendant owes court-ordered restitution and enters into a deferred or installment payment agreement, any moneys collected pursuant to such agreement shall be used first to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any other fine, forfeiture, penalty, or cost owed, unless an order for restitution is docketed in the name of the victim or it is ordered that an assignment of the judgment to the victim be docketed. Any payment agreement authorized under this section shall be consistent with the provisions of § 19.2-354.1. The requirements set forth in § 19.2-354.1 shall be posted in the clerk’s office and on the court’s website, if a website is available. As a condition of every such agreement, a defendant who enters into an installment or deferred payment agreement shall promptly inform the court of any change of mailing address during the term of the agreement. If the defendant is unable to make payment within 90 days of sentencing, the court may assess a one-time fee not to exceed $10 to cover the costs of management of the defendant’s account until such account is paid in full. This one-time fee shall not apply to cases in which costs are assessed pursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9. Installment or deferred payment agreements shall include terms for payment if the defendant participates in a program as provided in subsection B or C. The court, if such sum or sums are not paid in full by the date ordered, shall proceed in accordance with § 19.2-358.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290887,"text":"When a person sentenced to the Department of Corrections or a local correctional facility owes any fines, costs, forfeitures, restitution, or penalties, he shall be required as a condition of participating in any work release, home\/electronic incarceration, or nonconsecutive days program as set forth in \u00a7 53.1-60, 53.1-131, 53.1-131.1, or 53.1-131.2 to either make full payment or make payments in accordance with his installment or deferred payment agreement while participating in such program. If, after the person has an installment or deferred payment agreement, the person fails to pay as ordered, his participation in the program may be terminated until all fines, costs, forfeitures, restitution, and penalties are satisfied. The Director of the Department of Corrections and any sheriff or other administrative head of any local correctional facility shall withhold such ordered payments from any amounts due to such person. Distribution of the moneys collected shall be made in the following order of priority to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":290888,"text":"Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":290889,"text":"Pay any restitution as ordered by the court;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":290890,"text":"Pay any fines or costs as ordered by the court;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":290891,"text":"Pay travel and other such expenses made necessary by his work release employment or participation in an education or rehabilitative program, including the sums specified in § 53.1-150; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":290892,"text":"Defray the offender’s keep.\n\t\t\t\tThe balance shall be credited to the offender’s account or sent to his family in an amount the offender so chooses.\n\t\t\t\tThe State Board of Local and Regional Jails shall promulgate regulations governing the receipt of wages paid to persons sentenced to local correctional facilities participating in such programs, the withholding of payments, and the disbursement of appropriate funds. The Director of the Department of Corrections shall prescribe rules governing the receipt of wages paid to persons sentenced to state correctional facilities participating in such programs, the withholding of payments, and the disbursement of appropriate funds.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":290893,"text":"The court shall establish a program and may provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work (i) before or after imprisonment or (ii) in accordance with the provisions of § 19.2-316.4, 53.1-59, 53.1-60, 53.1-128, 53.1-129, or 53.1-131 during imprisonment. The program shall specify the rate at which credits are earned and provide for the manner of applying earned credits against the fine or costs. The court assessing the fine or costs against a person shall inform such person of the availability of earning credit toward discharge of the fine or costs through the performance of community service work under this program and provide such person with written notice of terms and conditions of this program. The court shall have such other authority as is reasonably necessary for or incidental to carrying out this program.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":290894,"text":"When the court has authorized deferred payment or installment payments, the clerk shall give notice to the defendant that upon his failure to pay as ordered he may be fined or imprisoned pursuant to § 19.2-358.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":290895,"text":"The failure of the defendant to enter into a deferred payment or installment payment agreement with the court or the failure of the defendant to make payments as ordered by the agreement shall allow the Tax Commissioner to act in accordance with § 19.2-349 to collect all fines, costs, forfeitures, and penalties.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14349,"edition_id":1,"name":"Payment of Fines and Costs on Installment Basis, etc","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14348,"metadata":{},"date_created":"2026-06-26 03:47:50","date_modified":"2026-06-26 03:47:50","permalink":{"id":170065,"object_type":"structure","relational_id":14349,"identifier":"4","token":"19.2\/21\/4","url":"\/19.2\/21\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14348,"edition_id":1,"name":"Recovery of Fines and Penalties","identifier":"21","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:47:50","date_modified":"2026-06-26 03:47:50","permalink":{"id":169977,"object_type":"structure","relational_id":14348,"identifier":"21","token":"19.2\/21","url":"\/19.2\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81152,"structure_id":14349,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","url":"\/19.2-354\/","token":"19.2\/21\/4\/19.2-354","metadata":false},{"id":55661,"structure_id":14349,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","url":"\/19.2-354.1\/","token":"19.2\/21\/4\/19.2-354.1","metadata":false},{"id":57384,"structure_id":14349,"section_number":"19.2-355","catch_line":"Petition of defendant","url":"\/19.2-355\/","token":"19.2\/21\/4\/19.2-355","metadata":false},{"id":79789,"structure_id":14349,"section_number":"19.2-356","catch_line":"Payment of fine or costs as condition of probation or suspension of sentence","url":"\/19.2-356\/","token":"19.2\/21\/4\/19.2-356","metadata":false},{"id":70068,"structure_id":14349,"section_number":"19.2-357","catch_line":"Requiring that defendant be of peace and good behavior until fine and costs are paid","url":"\/19.2-357\/","token":"19.2\/21\/4\/19.2-357","metadata":false},{"id":65492,"structure_id":14349,"section_number":"19.2-358","catch_line":"Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty","url":"\/19.2-358\/","token":"19.2\/21\/4\/19.2-358","metadata":false}],"next_section":{"id":55661,"structure_id":14349,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","url":"\/19.2-354.1\/","token":"19.2\/21\/4\/19.2-354.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-354\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 20 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1975, chapter 495; in 1977, chapter 585; in 1982, chapter 244; in 1984, chapter 32; in 1986, chapter 230; in 1988, chapters 770 and 852; in 1994, chapters 841<\/a> and 945<\/a>; in 1995, chapters 380<\/a> and 441<\/a>; in 1996, chapter 273<\/a>; in 1998, chapter 831<\/a>; in 1999, chapter 9<\/a>; in 2001, chapter 414<\/a>; in 2002, chapter 831<\/a>; in 2009, chapter 741<\/a>; in 2012, chapter 615<\/a>; in 2015, chapter 265<\/a>; in 2016, chapter 282<\/a>; in 2017, chapters 757<\/a>, 802<\/a>, and 806<\/a>; in 2018, chapter 61<\/a>; in 2020, chapters 25<\/a>, 188<\/a>, 759<\/a>, 964<\/a>, and 965<\/a>.<\/p>","references":[{"id":54562,"section_number":"15.2-1431","catch_line":"Appeals; nonpayment of fine","order_by":null,"url":"\/15.2-1431\/"},{"id":59341,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","order_by":null,"url":"\/19.2-305.2\/"},{"id":80926,"section_number":"19.2-349","catch_line":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","order_by":null,"url":"\/19.2-349\/"},{"id":55661,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","order_by":null,"url":"\/19.2-354.1\/"},{"id":70068,"section_number":"19.2-357","catch_line":"Requiring that defendant be of peace and good behavior until fine and costs are paid","order_by":null,"url":"\/19.2-357\/"},{"id":65492,"section_number":"19.2-358","catch_line":"Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty","order_by":null,"url":"\/19.2-358\/"}],"refers_to":[{"id":61643,"section_number":"17.1-275.1","catch_line":"Fixed felony fee","order_by":null,"url":"\/17.1-275.1\/"},{"id":87137,"section_number":"17.1-275.2","catch_line":"Fixed fee for felony reduced to misdemeanor","order_by":null,"url":"\/17.1-275.2\/"},{"id":60091,"section_number":"17.1-275.3","catch_line":"Fixed felony revocation fee","order_by":null,"url":"\/17.1-275.3\/"},{"id":87119,"section_number":"17.1-275.4","catch_line":"Fixed misdemeanor reduced from felony revocation fee","order_by":null,"url":"\/17.1-275.4\/"},{"id":78190,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","order_by":null,"url":"\/17.1-275.7\/"},{"id":69998,"section_number":"17.1-275.8","catch_line":"Fixed drug misdemeanor fee","order_by":null,"url":"\/17.1-275.8\/"},{"id":59327,"section_number":"17.1-275.9","catch_line":"Fixed misdemeanor revocation fee","order_by":null,"url":"\/17.1-275.9\/"},{"id":76761,"section_number":"19.2-316.4","catch_line":"Eligibility for participation in community corrections alternative program; evaluation; sentencing; withdrawal or removal from program; payment of costs","order_by":null,"url":"\/19.2-316.4\/"},{"id":80926,"section_number":"19.2-349","catch_line":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","order_by":null,"url":"\/19.2-349\/"},{"id":55661,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","order_by":null,"url":"\/19.2-354.1\/"},{"id":67418,"section_number":"53.1-128","catch_line":"Workforces and authorized work places","order_by":null,"url":"\/53.1-128\/"},{"id":66959,"section_number":"53.1-129","catch_line":"Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners","order_by":null,"url":"\/53.1-129\/"},{"id":73492,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","order_by":null,"url":"\/53.1-131\/"},{"id":76097,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","order_by":null,"url":"\/53.1-131.1\/"},{"id":73781,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","order_by":null,"url":"\/53.1-131.2\/"},{"id":71675,"section_number":"53.1-150","catch_line":"Contributions by persons on parole, probation, and work release","order_by":null,"url":"\/53.1-150\/"},{"id":87161,"section_number":"53.1-59","catch_line":"Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment of costs; foremen as guards","order_by":null,"url":"\/53.1-59\/"},{"id":77283,"section_number":"53.1-60","catch_line":"Extending limits of confinement of state prisoners for work and educational programs; disposition of wages; support of certain dependents; penalties for violations","order_by":null,"url":"\/53.1-60\/"}],"permalink":{"id":170067,"object_type":"law","relational_id":81152,"identifier":"19.2-354","token":"19.2\/21\/4\/19.2-354","url":"\/19.2-354\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-354\/","token":"19.2\/21\/4\/19.2-354","dublin_core":{"Title":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-354","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any defendant<\/span> convicted of a traffic infraction or a violation of any criminal law<\/span> of the Commonwealth or of any political subdivision thereof, or found not innocent in the case of a juvenile, who is sentenced to pay a fine, restitution<\/span>, forfeiture, or penalty<\/span> may pay such fine, restitution<\/span>, forfeiture, or penalty<\/span> and any costs that the defendant<\/span> may be required to pay in deferred payments or installments. The court<\/span> assessing the fine, restitution<\/span>, forfeiture, or penalty<\/span> and costs shall authorize the clerk to establish and approve individual deferred or installment payment agreements. If the defendant<\/span> owes court<\/span>-ordered restitution<\/span> and enters into a deferred or installment payment agreement, any moneys collected pursuant to such agreement shall be used first to satisfy such restitution<\/span> order<\/span> and any collection costs associated with restitution<\/span> prior to being used to satisfy any other fine, forfeiture, penalty<\/span>, or cost owed, unless an order<\/span> for restitution<\/span> is docketed in the name of the victim or it is ordered that an assignment of the judgment<\/span> to the victim be docketed. Any payment agreement authorized under this section shall be consistent with the provisions of § 19.2-354.1<\/a>. The requirements set forth in § 19.2-354.1<\/a> shall be posted in the clerk’s office and on the court<\/span>’s website, if a website is available. As a condition of every such agreement, a defendant<\/span> who enters into an installment or deferred payment agreement shall promptly inform the court<\/span> of any change of mailing address during the term of the agreement. If the defendant<\/span> is unable to make payment within 90 days of sentencing, the court<\/span> may assess a one-time fee not to exceed $10 to cover the costs of management of the defendant<\/span>’s account until such account is paid in full. This one-time fee shall not apply to cases in which costs are assessed pursuant to § 17.1-275.1<\/a>, 17.1-275.2<\/a>, 17.1-275.3<\/a>, 17.1-275.4<\/a>, 17.1-275.7<\/a>, 17.1-275.8<\/a>, or 17.1-275.9<\/a>. Installment or deferred payment agreements shall include terms for payment if the defendant<\/span> participates in a program as provided in subsection B or C. The court<\/span>, if such sum or sums are not paid in full by the date ordered, shall proceed in accordance with § 19.2-358<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a person sentenced to the Department of Corrections or a local correctional facility owes any fines, costs, forfeitures, restitution<\/span>, or penalties, he shall be required as a condition of participating in any work release, home\/electronic incarceration, or nonconsecutive days program as set forth in \u00a7 53.1-60<\/a>, 53.1-131<\/a>, 53.1-131.1<\/a>, or 53.1-131.2<\/a> to either make full payment or make payments in accordance with his installment or deferred payment agreement while participating in such program. If, after the person has an installment or deferred payment agreement, the person fails to pay as ordered, his participation in the program may be terminated until all fines, costs, forfeitures, restitution<\/span>, and penalties are satisfied. The Director of the Department of Corrections and any sheriff or other administrative head of any local correctional facility shall withhold such ordered payments from any amounts due to such person. Distribution of the moneys collected shall be made in the following order<\/span> of priority to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Meet the obligation of any judicial or administrative order<\/span> to provide support and such funds shall be disbursed according to the terms of such order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Pay any restitution<\/span> as ordered by the court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Pay any fines or costs as ordered by the court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Pay travel and other such expenses made necessary by his work release employment or participation in an education or rehabilitative program, including the sums specified in § 53.1-150<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Defray the offender’s keep.\n\t\t\t\tThe balance shall be credited to the offender’s account or sent to his family in an amount the offender so chooses.\n\t\t\t\tThe State Board of Local and Regional Jails shall promulgate regulations governing the receipt of wages paid to persons sentenced to local correctional facilities participating in such programs, the withholding of payments, and the disbursement of appropriate funds. The Director of the Department of Corrections shall prescribe rules governing the receipt of wages paid to persons sentenced to state correctional facilities participating in such programs, the withholding of payments, and the disbursement of appropriate funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall establish a program and may provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service<\/span> work (i) before or after imprisonment or (ii) in accordance with the provisions of § 19.2-316.4<\/a>, 53.1-59<\/a>, 53.1-60<\/a>, 53.1-128<\/a>, 53.1-129<\/a>, or 53.1-131<\/a> during imprisonment. The program shall specify the rate at which credits are earned and provide for the manner of applying earned credits against the fine or costs. The court<\/span> assessing the fine or costs against a person shall inform such person of the availability of earning credit toward discharge of the fine or costs through the performance of community service<\/span> work under this program and provide such person with written notice of terms and conditions of this program. The court<\/span> shall have such other authority as is reasonably necessary for or incidental to carrying out this program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When the court<\/span> has authorized deferred payment or installment payments, the clerk shall give notice to the defendant<\/span> that upon his failure to pay as ordered he may be fined or imprisoned pursuant to § 19.2-358<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The failure of the defendant<\/span> to enter into a deferred payment or installment payment agreement with the court<\/span> or the failure of the defendant<\/span> to make payments as ordered by the agreement shall allow the Tax Commissioner to act in accordance with § 19.2-349<\/a> to collect all fines, costs, forfeitures, and penalties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF COURT TO ORDER PAYMENT OF FINE, COSTS, FORFEITURES, PENALTIES OR\nRESTITUTION IN INSTALLMENTS OR UPON OTHER TERMS AND CONDITIONS; COMMUNITY WORK\nIN LIEU OF PAYMENT (\u00a7 19.2-354)\n\nA. Any defendant convicted of a traffic infraction or a violation of any\ncriminal law of the Commonwealth or of any political subdivision thereof, or\nfound not innocent in the case of a juvenile, who is sentenced to pay a fine,\nrestitution, forfeiture, or penalty may pay such fine, restitution, forfeiture,\nor penalty and any costs that the defendant may be required to pay in deferred\npayments or installments. The court assessing the fine, restitution, forfeiture,\nor penalty and costs shall authorize the clerk to establish and approve\nindividual deferred or installment payment agreements. If the defendant owes\ncourt-ordered restitution and enters into a deferred or installment payment\nagreement, any moneys collected pursuant to such agreement shall be used first\nto satisfy such restitution order and any collection costs associated with\nrestitution prior to being used to satisfy any other fine, forfeiture, penalty,\nor cost owed, unless an order for restitution is docketed in the name of the\nvictim or it is ordered that an assignment of the judgment to the victim be\ndocketed. Any payment agreement authorized under this section shall be\nconsistent with the provisions of § 19.2-354.1. The requirements set forth\nin § 19.2-354.1 shall be posted in the clerk’s office and on the\ncourt’s website, if a website is available. As a condition of every such\nagreement, a defendant who enters into an installment or deferred payment\nagreement shall promptly inform the court of any change of mailing address\nduring the term of the agreement. If the defendant is unable to make payment\nwithin 90 days of sentencing, the court may assess a one-time fee not to exceed\n$10 to cover the costs of management of the defendant’s account until such\naccount is paid in full. This one-time fee shall not apply to cases in which\ncosts are assessed pursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3,\n17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9. Installment or deferred\npayment agreements shall include terms for payment if the defendant participates\nin a program as provided in subsection B or C. The court, if such sum or sums\nare not paid in full by the date ordered, shall proceed in accordance with\n§ 19.2-358.\n\nB. When a person sentenced to the Department of Corrections or a local\ncorrectional facility owes any fines, costs, forfeitures, restitution, or\npenalties, he shall be required as a condition of participating in any work\nrelease, home\/electronic incarceration, or nonconsecutive days program as set\nforth in \u00a7 53.1-60, 53.1-131, 53.1-131.1, or 53.1-131.2 to either make full\npayment or make payments in accordance with his installment or deferred payment\nagreement while participating in such program. If, after the person has an\ninstallment or deferred payment agreement, the person fails to pay as ordered,\nhis participation in the program may be terminated until all fines, costs,\nforfeitures, restitution, and penalties are satisfied. The Director of the\nDepartment of Corrections and any sheriff or other administrative head of any\nlocal correctional facility shall withhold such ordered payments from any\namounts due to such person. Distribution of the moneys collected shall be made\nin the following order of priority to:\n\n 1. Meet the obligation of any judicial or administrative order to provide\n support and such funds shall be disbursed according to the terms of such\n order;\n\n 2. Pay any restitution as ordered by the court;\n\n 3. Pay any fines or costs as ordered by the court;\n\n 4. Pay travel and other such expenses made necessary by his work release\n employment or participation in an education or rehabilitative program,\n including the sums specified in § 53.1-150; and\n\n 5. Defray the offender’s keep.\n \t\t\t\tThe balance shall be credited to the offender’s account or sent to\n his family in an amount the offender so chooses.\n \t\t\t\tThe State Board of Local and Regional Jails shall promulgate regulations\n governing the receipt of wages paid to persons sentenced to local correctional\n facilities participating in such programs, the withholding of payments, and\n the disbursement of appropriate funds. The Director of the Department of\n Corrections shall prescribe rules governing the receipt of wages paid to\n persons sentenced to state correctional facilities participating in such\n programs, the withholding of payments, and the disbursement of appropriate\n funds.\n\nC. The court shall establish a program and may provide an option to any person\nupon whom a fine and costs have been imposed to discharge all or part of the\nfine or costs by earning credits for the performance of community service work\n(i) before or after imprisonment or (ii) in accordance with the provisions of\n§ 19.2-316.4, 53.1-59, 53.1-60, 53.1-128, 53.1-129, or 53.1-131 during\nimprisonment. The program shall specify the rate at which credits are earned and\nprovide for the manner of applying earned credits against the fine or costs. The\ncourt assessing the fine or costs against a person shall inform such person of\nthe availability of earning credit toward discharge of the fine or costs through\nthe performance of community service work under this program and provide such\nperson with written notice of terms and conditions of this program. The court\nshall have such other authority as is reasonably necessary for or incidental to\ncarrying out this program.\n\nD. When the court has authorized deferred payment or installment payments, the\nclerk shall give notice to the defendant that upon his failure to pay as ordered\nhe may be fined or imprisoned pursuant to § 19.2-358.\n\nE. The failure of the defendant to enter into a deferred payment or installment\npayment agreement with the court or the failure of the defendant to make\npayments as ordered by the agreement shall allow the Tax Commissioner to act in\naccordance with § 19.2-349 to collect all fines, costs, forfeitures, and\npenalties.\n\nHISTORY: Code 1950, \u00a7 19.1-347.1; 1971 Ex. Sess., c. 250; 1975, c. 495; 1977,\nc. 585; 1982, c. 244; 1984, c. 32; 1986, c. 230; 1988, cc. 770, 852; 1994, cc.\n841, 945; 1995, cc. 380, 441; 1996, c. 273; 1998, c. 831; 1999, c. 9; 2001, c.\n414; 2002, c. 831; 2009, c. 741; 2012, c. 615; 2015, c. 265; 2016, c. 282; 2017,\ncc. 757, 802, 806; 2018, c. 61; 2020, cc. 25, 188, 759, 964, 965; 2021, Sp.\nSess. I, cc. 190, 388, 393.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}