Arizona Revised Statutes

Ariz. Rev. Stat. § 13-808 (2026)

Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments

✓ current as of May 2026
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A. If a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court or a probation officer or a staff member designated by the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence the fine shall be payable immediately.

B. If a defendant sentenced to pay a fine, restitution, penalty, assessment, incarceration cost or surcharge is also sentenced to probation, the court shall make payment of the fine, restitution, penalty, assessment, incarceration cost or surcharge a condition of probation.

C. The amount of restitution, assessments, incarceration costs and surcharges is not limited by the maximum fine that may be imposed under section 13-801 or 13-802.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1987–2023 · leading case: State v. Ramos, 747 P.2d 629 (Ariz. Ct. App. 1987).
State v. Ramos, 747 P.2d 629 (Ariz. Ct. App. 1987). · cites it 8× “NOTES [1] A.R.S. § 13-808 was enacted by Laws 1985, ch.”
State v. Lopez, 853 P.2d 1126 (Ariz. Ct. App. 1993). · cites it 7× “Section 13-808 provides that “[i]f a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court .”
State v. Powers, 742 P.2d 792 (Ariz. 1987). · cites it 4× “He also claims that the trial court erred in imposing a felony assessment pursuant to A.R.S. § 13-808 (now § 13-812) after sentencing had been completed.”
State v. Lewandowski, 207 P.3d 784 (Ariz. Ct. App. 2009). “§§ 13-801(B); 13 — 804(J), (K); 13~806(H) (providing for filing and enforcement of resti *535 tution lien for fine or restitution at time of sentencing); § 13-808(A) (permitting trial court to require defendant make payments while incarcerated), (B) (requiring court order for…”
State v. Grijalba, 755 P.2d 417 (Ariz. 1988). · cites it 3× “Defendant in accordance with A.R.S. § 13-808, must pay $100.00 to the Victim Compensation Fund through the office of the Clerk of the Superior Court.”
State v. Leyva, 798 P.2d 407 (Ariz. Ct. App. 1990). · cites it 4× “as are authorized for the collection of an unpaid civil judgment entered against the defendant in an action on a debt____ Thus, notwithstanding the mandatory fine provisions, we believe the trial court retains discretion under A.R.S. §§ 13-808 and 13-810 to consider the economic…”
State v. Pearce, 751 P.2d 603 (Ariz. Ct. App. 1988). “§ 13-901(A) requires that the court order restitution “where there is a victim who has suffered economic loss,” and § 13-808(B) allows payment of restitution to be made a probation condition.”
State v. Sheaves, 747 P.2d 1237 (Ariz. Ct. App. 1987). “The felony penalty statute, § 13-812, was not enacted until 1985 when it was originally enacted as § 13-808 and renumbered as § 13-812 without any other amendments or changes by 1986 Session Laws, ch.”
State v. Wise, 795 P.2d 217 (Ariz. Ct. App. 1990). “Arizona Revised Statutes section 13-808 permits the judge to specify the schedule for payment of fines.”
State v. Gutierrez Barajas, 738 P.2d 786 (Ariz. Ct. App. 1987). · cites it 2× “” The agreement also provided that $100 would be assessed for the victim’s compensation fund pursuant to A.R.S. § 13-808 (now § 13-812). Appellant was sentenced to the presumptive term of two years, and the court imposed a fine of $3,600 plus a 37 per cent surcharge, totalling…”
State v. Dampier, 756 P.2d 319 (Ariz. Ct. App. 1987). · cites it 2× “18 in restitution at a monthly rate of $200, commencing on the first day of the fourth month following defendant’s release from custody.”
State v. O'Guin, 811 P.2d 790 (Ariz. Ct. App. 1991). · cites it 2× “A.R.S. § 13-808 does not allow a court to delegate the responsibility to determine the manner of the payment of a fine, similar to the provisions of A.”
— Ariz. Rev. Stat. § 13-808(A) — 6 cases
State v. Lopez, 853 P.2d 1126 (Ariz. Ct. App. 1993). “Section 13-808 provides that “[i]f a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court .”
State v. Lewandowski, 207 P.3d 784 (Ariz. Ct. App. 2009). “§§ 13-801(B); 13 — 804(J), (K); 13~806(H) (providing for filing and enforcement of resti *535 tution lien for fine or restitution at time of sentencing); § 13-808(A) (permitting trial court to require defendant make payments while incarcerated), (B) (requiring court order for…”
State v. Leyva, 798 P.2d 407 (Ariz. Ct. App. 1990). “as are authorized for the collection of an unpaid civil judgment entered against the defendant in an action on a debt____ Thus, notwithstanding the mandatory fine provisions, we believe the trial court retains discretion under A.R.S. §§ 13-808 and 13-810 to consider the economic…”
State v. Garcia Del Castillo (Ariz. Ct. App. 2017).
State v. Snead, 854 P.2d 1183 (Ariz. Ct. App. 1993).
— Ariz. Rev. Stat. § 13-808(B) — 1 case
State v. Pearce, 751 P.2d 603 (Ariz. Ct. App. 1988). “§ 13-901(A) requires that the court order restitution “where there is a victim who has suffered economic loss,” and § 13-808(B) allows payment of restitution to be made a probation condition.”
— Ariz. Rev. Stat. § 13-808(C) — 2 cases
Rogers v. Cota, 219 P.3d 254 (Ariz. Ct. App. 2009).
State v. Rice (Ariz. Ct. App. 2023).
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