§ 16-51. Alternative method for payment of fine.

(a)

When a defendant has been found guilty, by plea or conviction, a judgment that the defendant pay a fine shall also direct that the defendant may request of the court a deferred payment, either to a certain time or by an installment agreement.

(b)

The defendant's petition to the court for an installment agreement shall include:

(1)

A statement of the fines which have been assessed against the defendant.

(2)

A statement that the defendant is unable to pay the fine assessed at the time the petition is made.

(3)

A statement of the amount of money the defendant will be able to pay periodically.

(4)

A statement that if the court grants the installment agreement, the defendant shall make the payment of that amount.

(5)

The defendant's statement that "I understand and agree that failure for any cause to make any payment as agreed will give rise to the issuance of a warrant for my arrest and my being confined in the City of Houston jail until the fine is fully satisfied."

(6)

The defendant's signature.

(c)

Only in the event that the defendant fails to pay the fine assessed or fails to pay an installment after having signed an installment agreement, may the defendant be incarcerated for failure to pay a fine. No person may be imprisoned because he cannot pay the full amount of the fine owed. If the defendant fails to pay an installment or refuses to pay the fine assessed, he shall be incarcerated until the fine is fully satisfied.

(Ord. No. 00-325, § 1, 4-26-00)