VIRGINIA:  IN THE CIRCUIT COURT OF AUGUSTA COUNTY

IN RE: DEFERRED PAYMENT AGREEMENT GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION

ORDER

Pursuant to the requirements of §19.2-349, §19.2-354 and §19.2-354.1 of the Code of Virginia, as amended, and Amended Supreme Court Rule 1:24

1. The following are the payment guidelines for the total costs and fines (collectively, the Costs) in all cases assessed by this Court against the defendant:

    

   1. Following the defendant’s trial and sentencing hearing, the Clerk will mail to the defendant, in a timely manner:
      1. a Notice of Fines and Costs (the Notice) and
      2. a copy of this Order

          

   2. 1. If a defendant’s sole financial resource is a Social Security benefit or Supplemental Security Income, payment of court costs is not required until the defendant has another financial resource or income.
       
   3. If a defendant is unable to pay the Costs in full within 30 days of conviction (or other disposition of the case authorized by law),or if a defendant is incarcerated, within 30 days after the defendant’s release from incarceration, the defendant must elect one of the following plans:

       

      1. to pay the Costs in periodic payments (an Installment Payment Agreement); or

          

      2. to pay the Costs in full by a date certain, either as a lump sum or in conjunction with the defendant’s best efforts to make monthly or periodic payments (a Deferred Payment Agreement); or

          

      3. to pay the Costs through the performance of community service as established and outlined by this Courts Community Service Program. Restitution owed cannot be paid by performing community service. Community service must be approved by the Judge.

          

         If a defendant fails to either (a) pay the Costs in full or (b) set up an Installment Payment Agreement, a Deferred Payment Agreement or be approved for the Community Service Program Option during the prescribed period, a one-time collection fee in the amount of 17% of the balance of the Costs will be assessed pursuant to Appropriations Act 2013.

          

   4. The initial recommended monthly payment for any Installment Payment Agreement is $50.00 per month.However, the Court shall consider the defendant’s financial resources and obligations and any Costs which the defendant owes in other Courts.In assessing the defendant’s ability to pay, the Court shall use a written financial statement form provided by the Office of the Executive Secretary of the Supreme Court, setting forth the defendant’s financial resources and obligations or conduct an oral examination to determine the defendants’ financial resources and obligations.The Court may require the defendant to present a summary prepared by the Department of Motor Vehicles of the other courts in which the defendant also owes fines and costs.The length of a payment agreement and the amount of the payments shall be reasonable in light of the defendant’s financial resources and obligations and shall not be based solely on the amount of fines and costs.

       

   5. The payment agreement may incorporate all fines and costs owed for all cases in the Augusta County Circuit Court.

       

   6. Any payment received within ten (10) days of its due date shall be considered on time.

       

   7. The defendant, at any time during the duration of a payment agreement, may request a modification of the agreement in writing on a form provided by the Executive Secretary of the Supreme Court, and the Court may grant such modification based on a good faith showing of need.
   8. No down payment is required to enter into an initial payment agreement.

       

   9. A Court shall consider a request by a defendant who has defaulted on an Installment Payment Agreement to enter into a subsequent payment agreement.In determining whether to approve the request the Court shall consider any change in the defendant’s circumstances.A down payment to enter into a subsequent payment agreement shall be required. The down payment shall not exceed 10% of the Costs if the total is $500 or less.If the Costs owed are more than $500, five percent of such amount or $50.00, whichever is greater, shall be required.

       

   10. If a defendant defaults on an Installment Payment Agreement and then enters into a new Installment Payment Agreement, the Clerk shall notify the Department of Taxation.

        

   11. When a defendant defaults in the payment of an Installment Payment Agreement or Deferred Payment Agreement, the Court, upon motion of the Commonwealth in the case of a conviction of a violation of a state law, or attorney for a locality or for the Commonwealth in the event of a conviction of a violation of a local law or ordinance, or upon its own motion, may require the defendant to show cause why he or she should not be confined in jail or fined for nonpayment and dispose of the show cause as provided in Va. Code Ann.§ 19.2-358.

        

   12. While the defendant is in default in the payment of an Installment Payment Agreement or a Deferred Payment Agreement, the Department of Taxation may institute collection proceedings through garnishments, tax set offs and other measures available to the Department.The Tax Commissioner may act in accordance with VA. Code Ann.§19.2-349 to collect all costs, forfeitures, and penalties.

        

   13. Interest through the Supreme Court Financial Management System will accrue on balances when there is a default in payment.

        

   14. The Court accepts payments by check, cash, money order or credit cards in person. Payments can be mailed to: Augusta County Circuit Court, P.O. Box 689, Staunton, VA 24402-0689, or payments can be made using a credit card by going online to the following website: http://www.vacourts.gov. Office hours are 8:30AM to 5:00PM, Monday-Friday, with the exception of holidays. If payment due dates fall on weekends or holidays the payment will be due the next business day. When requesting a receipt, please include a self-addressed stamped envelope.

        

       1. The following are the payment guidelines for restitution in all cases assessed by this Court:

1. At the time of sentencing, the Commonwealth Attorney shall provide to the Court the amount of restitution owed and the name(s) and address(es) of the victim(s).The Court shall order restitution, as required by law, to be paid directly to the Clerk of the Augusta County Circuit Court on behalf of the victims.No interest is accrued against Restitution unless the Court so orders.

    

2. Pursuant to §19.2-305.1. J. of the Code of Virginia, as amended, whenever a defendant is ordered to pay restitution, any sums collected shall be used first to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any fine, forfeiture, penalty or cost assessed against the defendant.

    

3. The defendant may not satisfy a restitutionary requirement by the performance of community service work.

    

4. If the defendant defaults in the payment of restitution on an Installment Payment Agreement or a Deferred Payment Agreement, the Court may take action as described in Paragraph A (11) above and §19.2-305.1. F. of the Code of Virginia, as amended.

The Augusta County Circuit Court can now provide community service as an alternative to court costs and fines ordered by the Court. Individuals must request community service from the Court. If community service is approved, it may be performed in lieu of paying court costs and fines.

Community Service Credit Toward Discharge of Fines & Costs 

• Pursuant to VA Code § 19.2-354(C), credit for community service is extended to only fines and costs.It is not extended toward restitution obligations.However, credit for community service for fines or costs may be earned even though a restitution balance is still owed.
• Credit for community service is limited to one-half the total amount of any fines or costs.The other half must be satisfied by monetary payment.
• Credit for community service is given only for that service that is not otherwise part of any case disposition or other obligation.
• The community service must be performed for some bona fide charity or community service program.However, the defendant may choose which bona fide charity or community service program he shall work for.
• The community service must be performed after the Judges approval and after the offense date.
• If the defendant is incarcerated, community service credit will only be allowed as provided below. The community service must be performed within one year of the date of release from incarceration. If the defendant is not incarcerated, the community service must be completed within one year of the date of sentencing.This provision may be waived with special permission granted by the Court.
• In order to receive credit for community service, the defendant must submit a one-page document from the charity or community service program listing the total hours performed.Such document shall be on the agency’s letterhead and shall be signed by a person with that agency who supervised, either directly or indirectly, that work.
• For community service performed before or after any period of incarceration, the rate of credit towards fines or costs shall be the state minimum wage of $7.25 per hour.
• For community service performed while incarcerated, the rate of credit towards fines or costs shall be the state minimum wage of $7.25 per hour minus any remuneration received by the inmate.Such credit towards fines or costs shall not be extended if the defendant is receiving sentence credits for such work.The defendant must submit a one-page document from the Department of Corrections or local/regional jail listing the total hours performed.Such document shall be on the agency’s letterhead and shall be signed by a person with that agency who supervised, either directly or indirectly, that work.
  • Credit for community service performed while incarcerated is limited by law to those inmates performing such work while involved with the following programs: 
    • VA Code § 19.2-316.4 – Community Corrections Alternative Program;
    • VA Code § 53.1-59 – State prisoners working for localities;
    • VA Code § 53.1-60 – Prison work release outside prison;
    • VA Code § 53.1-128 – County workforces;
    • VA Code § 53.1-129 – Court-ordered workforces; and
    • VA Code § 53.1-131 – Court-ordered work release or “rehabilitative programs designed to supplement work release” from jails. 

Any false documents filed with the Court seeking credit for fines or costs may be punished as Forgery of a Public Document, in violation of VA Code § 18.2-168.  Such a charge is a Class 4 felony, punishable by a maximum of ten years imprisonment. 

Approved: September 14, 2020