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Senate Bill 254 Printer's Number 248

PENNSYLVANIA, February 22 - determine whether the defendant is financially able to pay.

(2) If the issuing authority, senior judge or senior

magisterial district judge determines that the defendant is

financially able to pay the costs, restitution or fine, the

issuing authority, senior judge or senior magisterial

district judge may enter an order for wage attachment, turn

the delinquent account over to a private collection agency or

impose imprisonment for nonpayment, as provided by law.

(3) If the issuing authority, senior judge or senior

magisterial district judge determines that the defendant is

without the financial means to pay the costs, restitution or

fine immediately or in a single remittance without causing

manifest hardship to the defendant as defined in paragraph

(5), the issuing authority, senior judge or senior

magisterial district judge [may] shall provide for payment in

installments. In determining the appropriate installments,

the issuing authority, senior judge or senior magisterial

district judge shall [consider the defendant's financial

resources, the defendant's ability to make restitution and

reparations and the nature of the burden the payment will

impose on the defendant] assign an installment payment for

the costs, restitution or fine that complies with the

requirements under section 9758(b) (relating to fine). If the

defendant is in default of a payment or advises the issuing

authority, senior judge or senior magisterial district judge

that default is imminent, the issuing authority, senior judge

or senior magisterial district judge may schedule a rehearing

on the payment schedule. At the rehearing the defendant has

the burden of proving [changes of financial condition such

that the defendant is without the means to meet the payment

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