Arizona

Criminal Procedure

Criminal Procedure

Rule 26.12 – Defendants Compliance with Monetary and Non-Monetary Terms of a Sentence

(a)Method of Payment–Installments. The court may permit the defendant to pay any fine, restitution, or other monetary obligation within a specified period of time or in specified installments. The defendant must pay restitution as promptly as possible, given the defendant’s ability to pay.
(b)Method of Payment–to Whom. The defendant must pay a fine, restitution, or other monetary obligations to the court, unless the court orders otherwise. The court must apply the defendant’s payments first to satisfy the restitution order and the payment of any restitution in arrears. The court must forward restitution payments to the victim as promptly as practicable.
(c)Failure to Pay a Monetary Obligation or to Comply with Court Orders.

(1)Defendants Not on Supervised Probation. If a defendant who is not on supervised probation fails to pay a fine, restitution, or other monetary obligation, or fails to comply with any other term or condition of sentence within the prescribed time, the court must promptly notify the State.
(2)Defendants on Supervised Probation. If a defendant who is on supervised probation fails to pay a fine, restitution, or other monetary obligation, or fails to comply with any other term or condition of probation within the prescribed time, the court must promptly notify the defendant’s probation officer.
(3)Court Action upon Failure of a Defendant to Pay a Fine, Restitution, or Other Monetary Obligation or to Comply with Court Orders. If the defendant fails to timely pay a fine, restitution, or other monetary obligation, or otherwise fails to comply with a court order, and fails to respond to a court notice informing the defendant of the consequences and resolution options, the court may issue an arrest warrant or a summons and require the defendant to show cause why he or she should not be held in contempt. The court must issue a summons unless there is reason to believe a warrant is required to secure the defendant’s appearance. A prosecutor who requests a warrant, or a judge who orders a warrant, must state the reasons for the issuance of a warrant rather than a summons.
(4)Authority to Modify Monetary Obligation. If the court finds the defendant’s default is not willful and the defendant is unable to pay all or part of the monetary obligation, unless otherwise provided by law, the court may mitigate the monetary obligation. In determining whether the defendant is unable to pay all or part of a financial sanction, the court may consider any relevant evidence including the factors listed in A.R.S. § 13-825.
(5)Exclusion of Certain Income. Under federal and state law, in determining whether to find the defendant in contempt, the court must exclude income derived from the following sources:

(A) The Temporary Assistance for Needy Families Program established by § 403 of Title IV of the Social Security Act (A.R.S. 46-207.01);
(B) The Supplemental Security Income Program (42 U.S.C. §§ 1381 through 1383f);
(C) The Social Security Disability Insurance Program (42 U.S.C. §§ 401-433); and (D) Veterans Disability Compensation.
(6)Incarceration for Contempt. If the court finds the defendant in contempt for failure to pay a monetary obligation or failure to comply with a court order, before ordering the defendant incarcerated for contempt, the court must determine that no reasonable measures other than incarceration are adequate to meet the State’s interests and permit the defendant a reasonable period of time to pay the obligation in full or make other payment arrangements.

Ariz. R. Crim. P. 26.12

Added August 31, 2017, effective January 1, 2018; amended December 13, 2017, effective January 1, 2018; amended December 13, 2018, effective January 1, 2019.

HISTORICAL AND STATUTORY NOTES

Former Rule 26.12, relating to compliance with sentence, was abrogated effective January 1, 2018.