Standards for Imposing Fines and/or Restitution

(a)The court shall not sentence an offender only to pay a fine or to make restitution, when any other disposition is authorized by law, unless having regard to the nature and circumstances of the offense and to CH. 80 DISPOSITION OF OFFENDERS the history and character of the offender, it is of the opinion that the fine or restitution alone is appropriate and suffices for the protection of the public.

(b)The court shall not sentence an offender to pay a fine or make restitution in addition to a sentence of imprisonment or probation unless:

(1)the offender has derived a pecuniary gain from the offense; or

(2)the court believes that a fine or restitution is specially adapted to deterrence of the type of offense involved or to the correction of the offender.

(c)The court shall not sentence an offender to pay a fine or make restitution unless the offender is or, given a fair opportunity to do so, will be able to pay the fine or restitution. The court shall not sentence an offender to pay a fine unless the fine will not prevent the offender from making restitution to the victim of the offense.

(d)In determining the amount and method of payment of a fine or restitution, the court shall take into account the financial resources of the offender and the nature of the burden that its payment will impose.

(e)When an offender is sentenced to pay a fine or to make restitution, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to non-payment shall be determined only after the fine has not been paid and as provided in § 80.56.