Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 7 - Post-Trial Procedures › Section II-713 - Nonpayment of Fines

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. Subject to the limitations set out below, when the sentence of a
				court-martial includes a fine which is not paid in full within the time allowed
				by the convening authority after being ordered executed, the convening
				authority may issue an Order of Commitment, directing law enforcement officers
				to arrest the accused and confine him for 1 day for every $1.00 of the fine
				which remains unpaid. [See LCMJ Article 21.]
B. Nonpayment Because of Indigency.
				Confinement may not be ordered executed for failure to pay a fine if the
				accused has made good faith efforts to pay but cannot because of indigency,
				unless the convening authority determines, after giving the accused notice and
				opportunity to respond, that no other punishment is adequate to meet the
				State's interest in appropriate punishment. The burden is on the accused to
				establish his good faith attempts to pay and his inability to do so because of
				indigency. If the convening authority intends to order confinement in lieu of
				an unpaid court-martial fine, he shall give written notification of such intent
				to the accused, delivered in person or by certified mail, return receipt
				requested, in a postage and fees paid envelope deposited in an office of the
				United States Postal Service, addressed to the accused at his address as shown
				on the records of the unit. Receipt of notice sent by mail is presumed seven
				days following date of deposit. If the accused requests additional time to
				consult with counsel prior to responding, the convening authority should grant
				a reasonable amount of additional time so that the accused has the opportunity
				to prepare and present a meaningful response. If the accused fails or refuses
				to accept personal delivery, or if the notice by mail is returned undelivered,
				or if the accused does not respond by the time set, the convening authority may
				proceed summarily. After receiving the accused's response, the convening
				authority must consult the servicing judge advocate. If, after consultation
				with the servicing judge advocate, the convening authority finds either that
				the accused has not demonstrated that he has made good faith efforts to pay the
				fine, or that the accused has not demonstrated that his failure to do so is
				because of indigency, he may order confinement executed. If vacation of
				suspension of a sentence to confinement is also ordered, the convening
				authority will issue an Order of Commitment [Figure 7-3] in the appropriate
				amount of days; the convening authority may order the two periods of
				confinement to run concurrently or consecutively. If, after consultation with
				the servicing judge advocate, the convening authority finds that the accused
				has demonstrated that he has made good faith efforts to pay the fine, and that
				his failure to do so is because of indigency, the convening authority may not
				order confinement; he will recall and modify his earlier action approving the
				fine, either by granting additional time to pay the fine (if the accused has
				demonstrated a likelihood of future ability to pay, or can only pay in
				installments), by remitting the fine, or by modifying approval of the fine to
				approval of forfeitures in the same or a lesser amount (in doing so, he is not
				bound by the limitations to adjudge forfeitures which exist on a court-martial.
				The convening authority must satisfy himself that he has all relevant
				information before him prior to making his findings. If he deems it necessary,
				he may appoint a court of inquiry under Section 135, or he may request that a
				military judge be detailed to conduct a hearing into the matter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).