560.031. Response to nonpayment. - Missouri Statutes

Response to nonpayment.

560.031. 1. When an offender sentenced to pay a finedefaults in the payment of the fine or in any installment, thecourt upon motion of the prosecuting attorney or upon its ownmotion may require him to show cause why he should not beimprisoned for nonpayment. The court may issue a warrant ofarrest or a summons for his appearance.

2. Following an order to show cause under subsection 1,unless the offender shows that his default was not attributableto an intentional refusal to obey the sentence of the court, ornot attributable to a failure on his part to make a good faitheffort to obtain the necessary funds for payment, the court mayorder the defendant imprisoned for a term not to exceed onehundred eighty days if the fine was imposed for conviction of afelony or thirty days if the fine was imposed for conviction of amisdemeanor or infraction. The court may provide in its orderthat payment or satisfaction of the fine at any time will entitlethe offender to his release from such imprisonment or, afterentering the order, may at any time reduce the sentence for goodcause shown, including payment or satisfaction of the fine.

3. If it appears that the default in the payment of a fineis excusable under the standards set forth in subsection 2, thecourt may enter an order allowing the offender additional timefor payment, reducing the amount of the fine or of eachinstallment, or revoking the fine or the unpaid portion in wholeor in part.

4. When a fine is imposed on a corporation it is the duty ofthe person or persons authorized to make disbursement of theassets of the corporation and their superiors to pay the finefrom the assets of the corporation. The failure of such personsto do so shall render them subject to imprisonment undersubsections 1 and 2.

5. Upon default in the payment of a fine or any installmentthereof, the fine may be collected by any means authorized forthe enforcement of money judgments.

(L. 1977 S.B. 60)

Effective 1-1-79