46.2104 Fine to be proportioned to burden of payment.

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(a) In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of a defendant. The court may not sentence an offender to pay a fine in any amount which will prevent him from making restitution or reparation to the victim of the offense.

(b) When any other disposition is authorized by statute, the court shall not sentence an indi-vidual to pay a fine only unless, having regard to the nature and circumstances of the offense and the history and character of the offender, it is of the opinion that the fine alone will suffice for the protection of the public.

(c) The court may not sentence an individual to pay a fine in addition to any other sentence authorized by 46.1901 through 46.1905 unless:

(1) he has derived a pecuniary gain from the offense; or

(2) the court is of the opinion that a fine is uniquely adapted to deterrence of the type of offense involved or to the correction of the defendant.

(d) When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no delayed or installment provision is made a part of the sentence, the fine is payable immediately.

(e) When an offender is sentenced to pay a fine, the court may not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to nonpayment is determined only after the fine has not been paid, as under 46.2105 through 46.2107.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 560 026.