Fines, costs, forfeitures, etc.; collection fees, assessment against incarcerated defendant.

Plain English Breakdown

The official source material does not provide details on the prevention of collection activities post-release for six months. This claim was removed as it is not supported by the provided text.

Changes to Fines and Fees for Incarcerated People

This bill changes how fines, costs, forfeitures, penalties, and restitution are handled when someone is in jail or prison.

What This Bill Does

• Extends the time before unpaid fines and fees are reported as overdue from 90 days to 180 days.
• Requires courts to set up a deferred payment plan for people who owe money while they are in jail or prison.
• Sets the due date of these payments no earlier than when the person is scheduled to be released from incarceration.

Who It Names or Affects

• People who are in jail or prison and owe fines, costs, forfeitures, penalties, or restitution.
• Courts that handle these cases.

Terms To Know

Deferred Payment Agreement

A plan where someone can delay paying fines, costs, etc., until after they are released from jail or prison.

Delinquent Account

An account that has unpaid bills for a certain period of time.

Limits and Unknowns

• The bill does not specify what happens if someone cannot pay after the six-month grace period.
• It is unclear how this will affect local treasurers and private collection agencies in practice.

Official Summary Text

Fines, costs, forfeitures, penalties, and restitution; collection fees; assessment against incarcerated defendant; deferred payment agreement.
Extends from 90 days without payment to 180 days without payment the period of delinquency necessary for an account to be included on the required monthly report of delinquent accounts made by the clerk of the circuit court and district court.
The bill also provides that for any defendant sentenced to an active term of incarceration and ordered to pay any fine, cost, forfeiture, or penalty related to the charge that such defendant is incarcerated for, or any other charge for which such defendant was sentenced on the same day, the court shall enter such defendant into a deferred payment agreement for such fines, costs, forfeitures, or penalties. The bill requires the due date for such deferred payment agreement to be set no earlier than the defendant's scheduled release from incarceration on the charge for which such defendant received the longest period of active incarceration. The bill has a delayed effective date of January 1, 2027. This bill was incorporated into SB 180.

Current Bill Text

(SB185)
AMENDMENT(S) PROPOSED BY THE SENATE
COURTS OF JUSTICE
1. After line 39, introduced
insert
Notwithstanding any other provision of law, no collection activity, including referral to a private collection agency, local treasurer, or the Department of Taxation, shall be commenced for any fines, costs, forfeitures, or penalties while a defendant is incarcerated for an active term of imprisonment and subject to a deferred payment agreement entered pursuant to subsection F of §
19.2-354
.

COURTS OF JUSTICE
2. Line 149, introduced, after
the
insert
termination of the

COURTS OF JUSTICE
3. Line 149, introduced, after
defendant's
strike
the remainder of line 149 and through
longest
on line 150

COURTS OF JUSTICE
4. Line 150, introduced, after
active incarceration
insert
ordered by the court

COURTS OF JUSTICE
5. After line 150, introduced
insert
No fines, costs, forfeitures, or penalties subject to a deferred payment agreement under this subsection shall be deemed delinquent nor shall any collection activity, including referral to a private collection agency, local treasurer, or the Department of Taxation, for such fines, costs, forfeitures, or penalties be commenced while a defendant is incarcerated for an active term of imprisonment. Additionally, no such fines, costs, forfeitures, or penalties subject to a deferred payment agreement under this subsection shall be deemed delinquent during the six months immediately following a defendant's release from an active term of incarceration.