House Bill 16-1311 Summary

• Expands scope of monetary payment orders to include judgments and court orders, not just sentences, and requires courts to direct payment timing and methods.

• Prohibits jailing defendants for failure to pay unless they have present ability to pay without undue hardship to themselves or dependents, and requires court findings on record after notice and hearing.

• Courts cannot accept guilty pleas for contempt related to failure to pay unless findings show defendant has ability to comply and failed in good faith effort; courts cannot issue arrest warrants for failure to pay alone.

• Defines "undue hardship" as deprivation of money for basic living necessities and requires courts to consider eight factors including homelessness, employment, debts, public assistance, property, public housing residence, income relative to federal poverty line, and other circumstances.

• Limits maximum imprisonment periods for contempt of court based on offense severity: one year for felonies, one-third maximum term for misdemeanors, fifteen days for petty offenses and traffic violations.