Common use of Compliance Hearings Clause in Contracts

Compliance Hearings. The Court shall set a Compliance Hearing, by using the attached Biloxi Municipal Court Order Setting Compliance Hearing (Form One), for every person who is sentenced to LFOs and/or community service and who is alleged to have failed to meet the requirements of the Court’s imposed sentence. The Order (Form One) will be sent by regular U.S. Mail to the defendant’s last known address with the Advisement of Rights and Obligations for LFOs and Community Service (Form Two) and the LFO Inability to Pay Guide (Form Four). The Order (Form One) will provide the defendant with thirty (30) days notice of the Compliance Hearing date and time. If the Court will impose a jail sentence or wishes to preserve its right to impose a jail sentence in the future, the Court shall appoint counsel at no cost to represent an indigent defendant at a Compliance Hearing unless there is a knowing, voluntary, and intelligent waiver of the right to counsel. The Court shall determine indigence by using the attached Affidavit of Indigence (Form Three) and by considering any other relevant factors. If the Court determines that the defendant is not indigent, it may provide the defendant a continuance to permit retention of counsel. The Court will document its finding that the defendant was, or was not, indigent and provide evidence in the record to support any finding of non- indigence. For indigent defendants, the Court will document that a public defender was appointed for the defendant and appeared with the defendant at the Compliance Hearing or that the public defender was offered and that after the Court conducted a colloquy, the defendant knowingly, voluntarily and intelligently waived his/her right to an attorney. Hearing Procedures and Standards The Court must advise defendants of the following information set forth in the Bench Card:

Compliance Hearings. The Court shall set a Compliance Hearing, by using the attached Biloxi Municipal Court Order Setting Compliance Hearing (Form One) (the “Order”), for every person who is sentenced to LFOs and/or community service and who is alleged to have failed to meet the requirements of the Court’s imposed sentence. The Order (Form One) will be sent by regular U.S. Mail to the defendant’s last known address with the Advisement of Rights and Obligations for LFOs on Payments and Community Service (Form Two) and the LFO Inability to Pay Guide (Form Four). The Order (Form One) will provide the defendant with thirty at least twenty-one (3021) days days-notice of the Compliance Hearing date and time. If the Court will impose a jail sentence or wishes to preserve its right to impose a jail sentence in the future, the Court shall appoint counsel at no cost to represent an indigent defendant at a Compliance Hearing unless there is a knowing, voluntary, and intelligent waiver of the right to counsel. The Court shall determine indigence by using the attached Affidavit of Indigence (Form ThreeFour) and by considering any other relevant factors. If the Court determines that the defendant is not indigent, it may provide the defendant a continuance to permit retention of counsel. The Court will document its finding that the defendant was, or was not, indigent and provide evidence in the record to support any finding of non- non-indigence. For indigent defendants, the Court will document that a public defender was appointed for the defendant and appeared with the defendant at the Compliance Hearing or that the public defender was offered and that after the Court conducted a colloquy, the defendant knowingly, voluntarily and intelligently waived his/her right to an attorney. Hearing Procedures and Standards The Court must advise defendants of the following information set forth in the Bench Card: