Probationer; requiring fines, costs, restitution for damages, etc., failure to pay.

Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay. Provides that a failure of the defendant to pay any fines or costs imposed on him at the time of being placed on probation as a condition of his probation shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has willfully refused to pay. The bill provides that in assessing such failure to pay, the court shall presume that a defendant who is indigent pursuant to relevant law, or who has been deemed indigent during the pendency of a criminal or traffic case, is unable to pay such fines and costs. The bill requires the court to dismiss any alleged breach of probation, absent any specific finding to the contrary. However, the bill provides such fines and costs shall remain due until paid, and all methods of payment and collection already in place to satisfy or collect any outstanding fines or costs shall remain available to the court after such dismissal.