§ 13-3. Imprisonment pending payment of a fine for a misdemeanor.

A judgment that a person convicted of a misdemeanor be punished by payment of a fine, with or without other punishment, may also direct that he be imprisoned in the county jail until the fine is satisfied and may further direct that such imprisonment begin at and continue after the expiration of, or run concurrently with all or part of, any imprisonment imposed as a part of the punishment. Every such judgment shall specify the extent of the imprisonment for nonpayment of the fine, which shall not be more than one (1) day for each twenty dollars ($20) of the fine nor exceed in any case the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day he is so held in custody at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that defendant pay a fine may also direct that he pay the fine within a limited time or in installments on specified dates and that in default of payment as therein stipulated he be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless such direction is given in the judgment, the fine shall be payable forthwith.

Except as otherwise provided in case of fines imposed as conditions of probation, the defendant must pay the fine to the clerk of the court, or to the judge thereof if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he is in custody shall be made to the officer who holds him in custody and all amounts so paid shall be forthwith paid over by such officer to the court which rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part thereof, or if there is no clerk the court shall take notice of such default. If time had been given for payment of a fine or it has been made payable in installments, the court shall, upon default in payment, immediately order the arrest of the defendant and order him to show cause why he should not be imprisoned until the fine or installment thereof, as the case may be, is satisfied in full. If the fine, or installment, is payable forthwith and it is not so paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine is satisfied in full.

(Rep. & Reen. Ord. 3187—4/20/76)