                                 CODE OF VIRGINIA

PROCEDURE ON DEFAULT IN DEFERRED PAYMENT OR INSTALLMENT PAYMENT OF FINE, COSTS,
FORFEITURE, RESTITUTION OR PENALTY (§ 19.2-358)

A. When an individual obligated to pay a fine, costs, forfeiture, or penalty
defaults in the payment or any installment payment, the court upon the motion of
the Commonwealth in the case of a conviction of a violation of a state law, or
attorney for a locality or for the Commonwealth in the event of a conviction of
a violation of a local law or ordinance, or upon its own motion, may require him
to show cause why he 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 subsection A of &#xA7; 19.2-354 and the defendant failed to appear.

B. Following the order to show cause or following a capias issued for a
defendant&#8217;s failure to comply with a court order to appear issued pursuant
to subsection A of &#xA7; 19.2-354, unless the defendant shows that his default
for the payment of fines, costs, forfeitures, or penalties was not attributable
to an intentional refusal to obey the sentence of the court, or not attributable
to a failure on his 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 sixty 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 for the payment
of fines, costs, forfeitures, or penalties at any time will entitle the
defendant to his release from such confinement or, after entering the order, may
at any time reduce the sentence for good cause shown, including payment or
satisfaction of such amounts.

C. If it appears that the default for the payment of fines, costs, forfeitures,
or penalties is excusable under the standards set forth in subsection B, 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. When an individual obligated to pay restitution defaults in the payment or
any installment payment, the court upon the motion of the Commonwealth in the
case of a conviction of a violation of a state law, or attorney for a locality
or for the Commonwealth in the event of a conviction of a violation of a local
law or ordinance, or upon its own motion, may proceed in accordance with the
procedures set forth in subsection E.

E. If, pursuant to subsection D or at a hearing conducted pursuant to subsection
F of &#xA7; 19.2-305.1, the court finds that a defendant is not in compliance
with a restitution order, the court may order the defendant confined as for a
contempt for a term not to exceed 60 days unless the defendant shows that his
default was not attributable to an intentional refusal to obey the sentence of
the court, or not attributable to a failure on his 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 provide in its order that payment or
satisfaction of the amounts in default at any time will entitle the defendant to
his release from such confinement or, after entering the order, may at any time
reduce the sentence for good cause shown, including payment or satisfaction of
such amounts. If it appears that the defendant&#8217;s default for the payment
of restitution is excusable under the standards set forth in this subsection,
the court may modify the terms for payment of restitution, except that the court
may not modify the amount of restitution owed by the defendant.

F. 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 Commonwealth or any locality within the
Commonwealth.

HISTORY: Code 1950, § 19.1-347.6; 1973, c. 342; 1975, c. 495; 1977, c. 223;
1987, c. 238; 1988, cc. 770, 852; 1992, c. 485; 1994, c. 546; 2018, cc. 316,
671.