2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9730 - Payment of court costs, restitution and fines

§ 9730. Payment of court costs, restitution and fines.
(a) Method of payment.--
The treasurer of each county shall allow the use of credit cards, debit cards and bank cards in the payment of court costs, restitution and fines and may provide for automatic periodic deductions from a bank account, subject to the agreement of the owner of the account.
(a.1) Wage attachment.--
A court may, at sentencing, assign an amount not greater than 25% of the defendant's gross salary, wages or other earnings to be used for the payment of court costs, restitution or fines.
(b) Procedures regarding default.--
(1) If a defendant defaults in the payment of court costs, restitution or fines after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge appointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay.
(2) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is financially able to pay the costs, restitution or fine, the issuing authority, senior judge or senior magisterial district judge may enter an order for wage attachment, turn the delinquent account over to a private collection agency or impose imprisonment for nonpayment, as provided by law.
(2.1) (i) If the issuing authority, senior judge or senior magisterial district judge schedules a financial determination hearing for the defendant and provides notice to the defendant of the hearing, but the defendant fails to appear at the financial determination hearing, the issuing authority, senior judge or senior magisterial district judge may turn the delinquent account over to a private collection agency or the county's collection enforcement unit as set forth under section 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties), as provided by law.
(ii) In each communication with the defendant, the private collection agency or the county's collection enforcement unit shall notify the defendant of the defendant's right to request a new financial determination hearing under paragraph (2.2).
(2.2) (i) If the defendant has a delinquent account turned over to a private collection agency or the county's collection enforcement unit under paragraph (2.1), the defendant may request a new financial determination hearing on the defendant's financial ability to pay the court costs, restitution or fines.
(ii) Upon receipt of the request for a new financial determination hearing under this paragraph, the issuing authority, senior judge or senior magisterial district judge shall schedule and conduct the hearing in accordance with this subsection.
(iii) Upon notice that the defendant has requested a new financial determination hearing under this paragraph, the private collection agency or the county's collection enforcement unit shall cease all collections activities pending the conclusion of the financial determination hearing.
(iv) If the defendant fails to appear at the financial determination hearing under this paragraph, the private collection agency or county's collection enforcement unit may resume collection activities.
(v) If the defendant requests a new financial determination hearing after failing to appear at a hearing previously requested under this paragraph, the private collection agency or county collection enforcement unit's collection activities may continue unless stayed by court order.
(3) (i) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the costs, restitution or fines immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments or, in the case of costs or fines, reduce or waive the costs or fines, except costs imposed under section 1101 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. In determining the appropriate installments, reduction or waiver, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant.
(ii) If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered, reduce or waive the costs or fines, except costs imposed under section 1101 of the Crime Victims Act, or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.
(iii) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the costs, restitution or fines under this paragraph, the issuing authority, senior judge or senior magisterial district judge shall waive an existing collection fee under section 9730.1(b) (relating to collection of court costs, restitution and fines by private collection agency) that was not previously collected from the defendant who is determined to be without the financial means to pay the costs, restitution or fines under this paragraph.
(4) A decision of the issuing authority, senior judge or senior magisterial district judge under paragraph (2), (2.1) or (3) is subject to section 5105 (relating to right to appellate review).
(Dec. 18, 1992, P.L.1269, No.167, eff. imd.; July 11, 1996, P.L.607, No.104, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Nov. 3, 2022, P.L.2175, No.163, eff. 120 days)
2022 Amendment.
Act 163 amended subsecs. (a) and (b)(3) and (4) and added subsec. (b)(2.1) and (2.2).
2004 Amendment.
See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
Cross References.
Section 9730 is referred to in section 9730.1 of this title; section 3020 of Title 18 (Crimes and Offenses).