Incarcerating Indigent People Sample Clauses

Incarcerating Indigent People. The Biloxi Municipal Court shall immediately cease issuing and enforcing any type of warrant that permits law enforcement officers to arrest and jail a person for nonpayment of a fine, fee, state assessment, court cost, or restitution imposed by the Biloxi Municipal Court, without a pre-incarceration hearing on the defendant’s ability to pay, in which defendants’ right to legal representation and indigent defendants’ right to court-appointed counsel are protected. The Biloxi Municipal Court shall not issue so-called “pay-or-stay” sentences, in which a municipal court judge sentences a person to a specific monetary penalty or, in the alternative, a specific number of days in jail for a misdemeanor offense or conviction of contempt of court without a pre-incarceration hearing on ability to pay and protection of the defendants’ right to legal representation and indigent defendants’ right to court-appointed counsel.
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