A. For purposes of this section, "incarcerated" or "incarceration" means confinement in a local or regional correctional facility, juvenile correctional facility, state correctional facility, residential detention center, or facility operated pursuant to the Corrections Private Management Act (§ 53.1-261 et seq.).
B. No interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant's release from incarceration if the sentence includes an active term of incarceration.
C. A person who owes fines and costs on which interest has accrued during a period of incarceration may move any court in which he owes fines and costs to waive the interest that accrued on such fines and costs during such period of incarceration. Upon certification of the period of incarceration by the superintendent, warden, or other official in charge of a correctional facility on a form developed by the Office of the Executive Secretary of the Supreme Court, such interest shall be waived.
D. In no event shall interest accrue during any period in which a fine, costs, or both a fine and costs are being paid in deferred or installment payments pursuant to an order of the court. Whenever interest on any unpaid fine or costs accrues, it shall accrue at the judgment rate of interest set forth in § 6.2-302.
1987, c. 648; 1988, cc. 106, 508; 1995, cc. 375, 566; 1996, c. 226; 2016, c. 282; 2021, Sp. Sess. I, c. 388.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 21 - Recovery of Fines and Penalties
§ 19.2-339. Word "fine" construed
§ 19.2-340. Fines; how recovered; in what name
§ 19.2-340.1. Disposition of fines in criminal cases
§ 19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions
§ 19.2-342. Where and in what court proceeding to be
§ 19.2-348. Attorneys for Commonwealth or clerks to superintend issue of executions, etc.
§ 19.2-350. When sheriff not to receive fines
§ 19.2-351. How fines disposed of; informer
§ 19.2-352. Officers to pay fines to clerks; default; forfeiture, etc.
§ 19.2-353. Certain fines paid into Literary Fund
§ 19.2-353.1. Fieri facias and proceedings thereon
§ 19.2-353.3. Acceptance of checks and credit or debit cards in lieu of money; additional fee
§ 19.2-353.5. Interest on fines and costs
§ 19.2-354.1. Deferred or installment payment agreements
§ 19.2-355. Petition of defendant
§ 19.2-356. Payment of fine or costs as condition of probation or suspension of sentence
§ 19.2-357. Requiring that defendant be of peace and good behavior until fine and costs are paid
§ 19.2-359. Official receipts to be given for fines
§ 19.2-360. Forms of receipts; distribution; record of disposition
§ 19.2-361. Misuse, misappropriation or willful failure to account for fines is embezzlement
§ 19.2-363. Authority of Governor to grant relief from fines and penalties
§ 19.2-364. Petition for relief; in what court filed; notice to attorney for Commonwealth
§ 19.2-365. Duties of attorney for Commonwealth upon filing of such petition
§ 19.2-366. Duty of court in which petition filed; certificate and opinion
§ 19.2-367. Proceedings to be according to common law
§ 19.2-368. Course of proceeding when relief asked of the Governor