Browse Arkansas Code titles and sections
16-13-702. Immediate payment.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-702. Immediate payment.
(a)(1) When a court has imposed a fine, as described in § 16-13-701, the imposition of such a fine constitutes an order to pay the full amount of the fine in accordance with this subchapter.
(2) Following imposition of the fine, the court shall inform the defendant that full payment of the fine is due immediately and shall inquire of the defendant what arrangements he or she has made to comply with the court's order to pay the fine.
(3) Without utilizing the provisions of § 16-13-704, the court may allow the defendant a period of time, not to extend beyond the time of the close of the clerk's office on the following day, within which to return to the court and tender payment of the fine.
(4)(A)(i) If the defendant fails to appear as directed, the court shall issue an order of arrest.
(ii) The arrest order shall be carried out by the sheriff.
(B) The court may also, upon the defendant's failure to appear, utilize any of the enforcement mechanisms authorized by this subchapter.
(5)(A) If the defendant claims an inability to pay the fine, the court shall inquire into the defendant's ability to pay and shall make a determination of the defendant's financial ability to pay the fine.
(B) If the court finds that the defendant has the financial ability to make immediate payment of the fine in full, the court shall order him or her to pay the fine.
(C) Failure or refusal to pay as ordered by the court shall subject the defendant to imprisonment, as provided in § 16-13-703.
(b)(1) When a corporation is sentenced to pay a fine or costs, it is the duty of the person authorized to make disbursement from the assets of the corporation to pay the fine or costs.
(2) If such disbursements require approval of the board of directors, it i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-702
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:16-13-702
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 395db41cfb76cec15b6474887f21d701113d1f8eb8bd6ffcb9c190cc4e804a44
Source location: content.xml paragraph 4763
Stored source content
16-13-702. Immediate payment.
(a)(1) When a court has imposed a fine, as described in § 16-13-701, the imposition of such a fine constitutes an order to pay the full amount of the fine in accordance with this subchapter.
(2) Following imposition of the fine, the court shall inform the defendant that full payment of the fine is due immediately and shall inquire of the defendant what arrangements he or she has made to comply with the court's order to pay the fine.
(3) Without utilizing the provisions of § 16-13-704, the court may allow the defendant a period of time, not to extend beyond the time of the close of the clerk's office on the following day, within which to return to the court and tender payment of the fine.
(4)(A)(i) If the defendant fails to appear as directed, the court shall issue an order of arrest.
(ii) The arrest order shall be carried out by the sheriff.
(B) The court may also, upon the defendant's failure to appear, utilize any of the enforcement mechanisms authorized by this subchapter.
(5)(A) If the defendant claims an inability to pay the fine, the court shall inquire into the defendant's ability to pay and shall make a determination of the defendant's financial ability to pay the fine.
(B) If the court finds that the defendant has the financial ability to make immediate payment of the fine in full, the court shall order him or her to pay the fine.
(C) Failure or refusal to pay as ordered by the court shall subject the defendant to imprisonment, as provided in § 16-13-703.
(b)(1) When a corporation is sentenced to pay a fine or costs, it is the duty of the person authorized to make disbursement from the assets of the corporation to pay the fine or costs.
(2) If such disbursements require approval of the board of directors, it is the duty of the board to authorize disbursements to pay the fine or costs.
(3) Failure to comply with the duties imposed by this subsection shall render the person or directors subject to imprisonment under § 16-13-703.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-701. Scope — Definition.
(a) The procedures established by this subchapter shall apply to the assessment and collection of all fines, however designated, imposed by circuit courts and district courts for criminal convictions, traffic convictions, civil violations, and juvenile delinquency adjudications and shall be utilized to obtain prompt and full payment of all fines.
(b) As used in this subchapter, “fine” means a monetary penalty imposed by a court, including without limitation:
(1) A monetary fine;
(2) Court costs;
(3) Court-ordered restitution;
(4) Probation fees;
(5) Supervision fees;
(6) Public service supervisory fees; and
(7) Other court-ordered fees.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-701
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-13-701. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-703. Imprisonment.
(a) When a defendant sentenced to pay a fine defaults in the payment thereof, or of any installment, the court, upon its own motion or that of the prosecuting attorney, may require him or her to show cause why he or she should not be imprisoned for nonpayment.
(b) The court may issue a warrant of arrest or summons for his or her appearance.
(c)(1) Unless the defendant shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good-faith effort to obtain the funds required for payment, the court may order the defendant imprisoned in the county jail or other authorized institution designated by the court until the fine or specified part thereof is paid.
(2)(A) The period of imprisonment shall not exceed one (1) day for each forty dollars ($40.00) of the fine, thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or one (1) year if the fine was imposed upon conviction of a felony, whichever is the shorter period.
(B) The total amount of fines owed shall not automatically be reduced by the period of imprisonment, but the court may credit forty dollars ($40.00) for each day of imprisonment against the total fine, excluding any amount owed for restitution, the defendant has been sentenced to pay.
(3) This subsection is in addition to the revocation options contained in § 16-93-308.
(d) If the court determines that the default in payment of the fine is not attributable to the causes specified in subsection (c) of this section, the court may enter an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fine or the unpaid portion thereof in whole or in part.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-703
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-13-703. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-704. Installment payments — Definition.
(a)(1) If the court concludes that the defendant has the ability to pay the fine, but that requiring the defendant to make immediate payment in full would cause a severe and undue hardship for the defendant and the defendant's dependents, the court may authorize payment of the fine by means of installment payments in accordance with this subchapter.
(2)(A) When a court authorizes payment of a fine by means of installment payments, it shall issue, without a separate disclosure hearing, an order that the fine be paid in full by a date certain and that in default of payment, the defendant must appear in court to explain the failure to pay.
(B) In fixing the date of payment, the court shall issue an order which will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents.
(3) When a person is authorized to pay a fine on an installment basis, any court cost assessed under § 9-15-202(d) or § 16-10-305(h) shall be collected from the initial installment payment first.
(b)(1)(A) In addition to the fine and any other assessments authorized by this subchapter, an installment fee of five dollars ($5.00) per month shall be assessed on each person who is authorized to pay a fine on an installment basis.
(B) This fee shall be collected in full each month in which a defendant makes an installment payment.
(C) This fee shall accrue each month that a defendant does not make an installment payment and the fine has not been paid in full.
(2)(A)(i) One-half (½) of the installment fee collected in circuit court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Serv
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-704
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-13-704. This identifies an authority to review, not proof of applicability.