(3) IF THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR
MAGISTERIAL DISTRICT JUDGE DETERMINES THAT THE DEFENDANT IS
WITHOUT THE FINANCIAL MEANS TO PAY THE [FINE OR] COSTS,
RESTITUTION OR FINE IMMEDIATELY OR IN A SINGLE REMITTANCE,
THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR MAGISTERIAL
DISTRICT JUDGE MAY 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] AND ABILITY TO PAY. 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
SCHEDULE. THE ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR
MAGISTERIAL DISTRICT JUDGE MAY EXTEND OR ACCELERATE THE
SCHEDULE, LEAVE IT UNALTERED OR SENTENCE THE DEFENDANT TO A
PERIOD OF COMMUNITY SERVICE AS THE ISSUING AUTHORITY, SENIOR
JUDGE OR SENIOR MAGISTERIAL DISTRICT JUDGE FINDS TO BE JUST
AND PRACTICABLE UNDER THE CIRCUMSTANCES.
(4) A DECISION OF THE ISSUING AUTHORITY, SENIOR JUDGE OR
SENIOR MAGISTERIAL DISTRICT JUDGE UNDER PARAGRAPH (2) OR (3)
IS SUBJECT TO SECTION 5105 (RELATING TO RIGHT TO APPELLATE
REVIEW).
(c) Prohibition against adverse action.--No employer may
20150HB0758PN1880 - 3 -
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