Virginia’s House Bill 2386 explains how fines, fees, restitution, and other costs will be collected if a person fails to make payments within 90 days and details the role that the Department of Taxation and the State Compensation Board will play in that collection process. The legislation also provides protocol for how courts can authorize payment plans, deferred payments, and community service in lieu of immediate, full monetary payments. Finally, it details how a person sentenced to incarceration can make payments and how the collected funds should be allocated.
You can read the full text of the bill here.
Key Provisions
- If an adult or youth convicted of a traffic infraction or other crime cannot pay the fine, fee, or restitution associated with their violation, the court will provide them the option of a payment plan, deferred payments, or community service.
- Courts must provide written notice to defendants explaining that these payment options are available to them.
- Courts may require down payments as a condition of a payment plan. If the total fines and fees are $500 or less, the down payment may not exceed 10% of that amount; if the total fines and fees exceed $500, the down payment may not exceed 5% of that amount or $50, whichever is greater.
- The Commonwealth’s Attorney chooses how to go about collecting court debt, and may choose to have their own office collect; contract with private collection agencies or attorneys; enter into an agreement with a municipality or county; or use the state’s Department of Taxation.
- Defendants may request payment plan modifications at any point.
Primary sponsor(s): G. Manoli Loupassi (primary), 29 cosponsors
Status: Enacted