§1302. Criteria for imposing fines
1. In determining the amount of a fine, unless the fine amount is mandatory, and in determining the method of payment of a fine, the court shall take into account the present and future financial capacity of the offender to pay the fine and the nature of the financial burden that payment of the fine will impose on the offender or a dependent of the offender, if any.
[ 2003, c. 143, §11 (AMD) .]
2. An offender who asserts a present or future incapacity to pay a fine or asserts that the fine will cause an excessive financial hardship on the offender or on a dependent of the offender has the burden of proving the incapacity or excessive hardship by a preponderance of the evidence. On appeal of a sentencing alternative involving a fine, the offender has the burden of demonstrating that the incapacity or excessive financial hardship was proven as a matter of law.
[ 1999, c. 367, §3 (NEW) .]
3. Notwithstanding any other provision of law, the court may suspend all or a portion of a minimum fine under section 1301, subsection 6 or under section 207, subsection 3 or under Title 29-A, section 2412-A, subsection 3, and the court may impose a fine other than the mandatory fine if the court finds by a preponderance of the evidence that there are exceptional circumstances that justify imposition of a lesser financial penalty. In making a finding of exceptional circumstances, the court may consider:
A. Reliable evidence of financial hardship on the part of the offender and the offender's family and dependents; [2015, c. 436, §9 (NEW).]
B. Reliable evidence of special needs of the offender or the offender's family and dependents; [2015, c. 436, §9 (NEW).]
C. Reliable evidence of the offender's income and future earning capacity and the offender's assets and financial resources from whatever source; [2015, c. 436, §9 (NEW).]
D. Reliable evidence regarding any pecuniary gain derived from the commission of the offense; and [2015, c. 436, §9 (NEW).]
E. The impact of imposition of the mandatory fine on the offender's reasonable ability to pay restitution under chapter 54. [2015, c. 436, §9 (NEW).]
[ 2015, c. 436, §9 (NEW) .]
1975, c. 499, §1 (NEW). 1993, c. 103, §4 (AMD). 1999, c. 367, §3 (RPR). 2003, c. 143, §11 (AMD). 2015, c. 436, §9 (AMD).