La. Admin. Code tit. 41 § II-713

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-713 - Nonpayment of Fines

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.

La. Admin. Code tit. 41, § II-713

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2408 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).