A. Notwithstanding any other law, if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, on the defendant’s request the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation. The court shall credit community restitution performed at a rate that is equal to the minimum wage prescribed by section 23-363, subsections A and B, rounded up to the nearest dollar.

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Terms Used In Arizona Laws 13-824

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

B. This section does not apply to the assessment imposed pursuant to sections 12-116.05, 12-116.06, 12-116.07, 12-116.08 and 12-116.09 and to the surcharge imposed and collected pursuant to section 16-954, subsection A.

C. For the purposes of this section, "monetary obligation" means a fine, a civil penalty, a surcharge, an assessment, a fee or incarceration costs.