Q Under the new language in HB 387, if a defendant is found guilty of a crime and ordered to pay a fine and court costs, and the offense of which they were convicted does not carry the possibility of time in jail, and the defendant does not pay the fine and/or court costs, and the court determines that nonpayment is willful (after consideration of all the relevant facts), does the court have the authority to incarcerate the defendant for nonpayment?

A Under the factual situation presented, a court may order a defendant imprisoned for contempt/willful failure to pay. The part of HB 387 in question only applies when a sentence is authorized and imposed. Of course, the court would have to comply with any other applicable provisions of law. (Attorney Generalís Opinion to Crawford, September 21, 2018)