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 [fine or costs] FINE, COSTS OR
RESTITUTION, the issuing authority, senior judge or senior
magisterial district judge may 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 [fine or costs] FINE,
COSTS OR RESTITUTION 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, assign community service or some
combination thereof . 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 FINE, COSTS OR RESTITUTION 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
20180SB1036PN1704 - 2 -
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