HB 2560 Summary

• Allows courts to order defendants to perform community restitution at a rate of $10 per hour in lieu of paying monetary obligations if the defendant cannot afford to pay.

• Applies to fines, civil penalties, surcharges, assessments, fees, and incarceration costs, but excludes certain statutory assessments under sections 12-116.05 through 12-116.09 and surcharges under section 16-954.

• Expands judicial authority to mitigate non-mandatory fines when payment would create hardship for the defendant or their immediate family.

• Requires courts to consider relevant factors when deciding whether to mitigate fines, including impact on restitution ability, financial hardship extent, receipt of government benefits, employment or school status, and medical condition.

• Allows judges to mitigate surcharges imposed under sections 12-116.01 and 12-116.02 when the underlying fine is mandatory.