Fine, Restitution, and/or Court Costs following Adjudication of

Guilt. (a) Scope. Rule 26.6 applies only following a determination of guilt and, therefore has no applicability to pretrial diversion, non-adjudication, and the like. (b) Method of Payment; Installments. When the defendant is sentenced to pay a fine, restitution, and/or court costs, the court may permit payment to be made within a specified period of time or in specified installments. Restitution shall be payable as promptly as possible, taking into account the defendant’s indigency or economic ability to pay. (c) Method of Payment; To Whom. Unless the court expressly directs otherwise: (1) the payment of a fine, restitution, and/or court costs shall be made to the clerk of court; and (2) monies received from the defendant shall be applied as follows: (A) first, to pay any and all court costs (as designated by statute) assessed against the defendant; (B) second, to pay any restitution the defendant has been ordered to make; and 147 (C) third, to pay any fines imposed against the defendant. The clerk shall, as promptly as practicable, forward restitution payments to the victim. (d) Court Action upon Failure of Defendant to Pay Fine, Restitution, and/or Court Costs. Upon the defendant’s failure to pay a fine, restitution, and/or court costs, the court first must require the defendant to appear and show cause why said defendant should not be held in contempt of court. A summons requiring the defendant’s appearance shall be personally served on the defendant and shall set forth the time and location of the hearing. If the defendant fails to appear, the court may issue a warrant for the defendant’s arrest. During the hearing, the court shall inquire and cause an investigation to be made into the reasons for nonpayment, including whether nonpayment was willful or due to indigency or economic inability to pay. In that review: (1) If it appears to the satisfaction of the court that nonpayment is not willful, the court shall enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment, or revoking the fine or order of restitution or the unpaid portion thereof in whole or in part. However, the court shall not suspend or reduce an assessment imposed pursuant to Mississippi Code Section 99-19-73. (2) If the court finds nonpayment is willful and finds the defendant in contempt of court, the court may direct that the defendant be incarcerated until the unpaid obligation is paid, subject, however, to section (e). (e) Incarceration for Nonpayment of Fine, Restitution, and/or Court Costs. (1) Incarceration shall not automatically follow the nonpayment of a fine, restitution, and/or court costs. Incarceration may be employed only after the court has conducted a hearing and examined the reasons for nonpayment and finds, on the record, that the defendant could have made payment but refused to 148 do so. In justice and municipal court, such finding shall be included in the court’s order. (2) After consideration of the defendant’s situation, means, and conduct with regard to the nonpayment, the court shall determine the period of any incarceration, subject to the limitations set by statute. (3) If, at the time the fine, restitution and/or court costs was ordered, a sentence of incarceration was also imposed, the aggregate of the period of incarceration imposed pursuant to this Rule and the term of the sentence originally imposed may not exceed the maximum term of imprisonment authorized for the offense.