RULES OF CRIMINAL PROCEDURE

VII. POST-VERDICT PROCEEDINGS

RULE 26. JUDGMENT, PRE-SENTENCE REPORT, PRE-SENTENCING HEARING, SENTENCE

 

Rule 26.12. Fines and Restitution

 

1. Method of Payment -- Installments. The court may permit payment of any fine or restitution, or both, to be made within a specified period of time or in specified installments. Restitution shall be payable as promptly as possible in light of the defendant's ability to pay.

 

2. Method of Payment -- To Whom. The payment of a fine, restitution, or both, shall be made to the court, unless the court expressly directs otherwise. Monies received from the defendant shall be applied first to satisfy the restitution order and the payment of any restitution in arrears. The court or the person authorized by the court to accept payment shall, as promptly as practicable, forward restitution payments to the victim.

 

3. Action Upon Failure to Pay a Fine.

 

(1)   For Defendants Not on Probation. If a defendant fails to pay a fine or any installment thereof within the prescribed time, the court shall, within 5 days, notify the prosecutor and the sentencing court.

 

(2)   For Defendants on Probation. If a defendant on probation fails to pay a fine, restitution or any installment thereof within the prescribed time, the clerk shall give notice of such delinquency to the defendant's probation officer within the time limits set under sections (c)(1) and (3).

 

(3)   Time Limits--Restitution. If the payment is to be made to someone other than the court, delinquency times shall run from the date on which the payee notifies the probation officer of failure to pay.

 

(4)   Court Action Upon Failure of Defendant Not on Probation to Pay Fine or Restitution. Upon the defendant's failure to pay a fine or restitution, the court shall require the defendant to show cause why said defendant should not be held in contempt of court and may issue a summons or a bench warrant for the defendant's arrest pursuant to the provisions of A.R.S. § 13-810.