Wisconsin § 973.07 - Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work.

§ 973.07. Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work.

If the fine, plus costs, fees, and surcharges imposed under ch. 814 , are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, fees, and surcharges are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months. 973.07 History History: 1977 c. 29 ; 1979 c. 34 , 111 ; 1981 c. 20 ; 1983 a. 27 ; 1985 a. 36 ; 1987 a. 27 , 339 ; 1989 a. 64 ; 1991 a. 39 ; 1993 a. 16 ; 1995 a. 24 ; 1997 a. 27 ; 1999 a. 9 ; 2001 a. 16 ; 2003 a. 139 . 973.07 Annotation Section 973.05 (1), permitting a delay of 60 days for payment of a fine, and this section, allowing commitment to jail for nonpayment, are constitutional since the court may stay the sentence and put the defendant on probation. The burden of proving inability to pay is on the defendant. State ex rel. Pedersen v. Blessinger, 56 Wis. 2d 286 , 201 N.W.2d 778 (1972). 973.07 Annotation When a fine and payment schedule are reasonably suited to an offender’s means, the offender carries a heavy burden of showing inability to pay. Will v. State, 84 Wis. 2d 397 , 267 N.W.2d 357 (1978). 973.07 Annotation Commitment under this section may be consecutive to another term of incarceration. State v. Way, 113 Wis. 2d 82 , 334 N.W.2d 918 (Ct. App. 1983). 973.07 Annotation The six-month limit on commitments under this section is the aggregate amount of time a defendant may be jailed for nonpayment of a fine. State v. Schuman, 173 Wis. 2d 743 , 496 N.W.2d 684 (Ct. App. 1993). 973.07 Annotation Incarceration as a means of collecting a fine is limited to six months by this section. It was error for a court to make payment of an old, unpaid fine a condition of probation for a new conviction when violation of probation exposed the defendant to incarceration of more than six months. State v. Oakley, 2000 WI 37 , 234 Wis. 2d 528 , 609 N.W.2d 786 , 98-1099 . 973.07 Annotation In the case of an order for commitment for failure to pay attorney fees, in order to be constitutional this section must require a finding of ability to pay prior to any commitment. The defendant must be given notice and an opportunity to be heard. State v. Helsper, 2006 WI App 243 , 297 Wis. 2d 377 , 724 N.W.2d 414 , 06-0835 .