In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established that he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full. Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.
No person found to be indigent shall be imprisoned because of inability to pay the fine in full at the time of conviction.
Entitlement to free counsel shall not be determinative as to defendant's indigency.
HISTORY: 1962 Code Section 17-574.1; 1973 (58) 266.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 25 - Judgment And Execution
Section 17-25-10. No person shall be punished until legally convicted.
Section 17-25-20. Punishment for felony when not specially provided.
Section 17-25-30. Sentence when no punishment is provided.
Section 17-25-45. Life sentence for person convicted for certain crimes.
Section 17-25-50. Considering closely connected offenses as one offense.
Section 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.
Section 17-25-100. Suspension of sentence in misdemeanor cases.
Section 17-25-110. Suspension of sentence shall run for period of time prescribed by judge.
Section 17-25-120. Restitution of stolen goods.
Section 17-25-137. Liability of court imposing alternative sentence.
Section 17-25-140. Definitions.
Section 17-25-160. Funds for implementing program.
Section 17-25-310. Opening and enforcement of sealed sentences upon arrest.
Section 17-25-320. Enforcement of sentence and judgment against corporations.
Section 17-25-324. Restitution to secondary victims and third-party payees; reports.
Section 17-25-330. Execution on forfeited recognizance or for fine.
Section 17-25-340. When offender may be committed to jail; privilege of insolvent debtors.
Section 17-25-350. Schedule for payment of fine by indigent; consequences of failure to comply.
Section 17-25-380. Number of copies and form of notice under Section 17-25-370.
Section 17-25-390. Acknowledgment of receipt of notice.
Section 17-25-400. Service of notice on prisoner.
Section 17-25-500. Title of act.
Section 17-25-510. Definitions.
Section 17-25-520. Notice of payment of profit from crime; notification of victims.
Section 17-25-560. Obligation to report knowledge of profit from crime.
Section 17-25-570. Action by offender to defeat purpose of article null and void.