Mississippi Code
Miss. Code Ann. § 99-19-20 (2026)
Sentence; imposition of fine; payment; imprisonment for nonpayment; indigent defendants
✓ current as of July 2026
- (1) Except as otherwise provided under Section 99-19-20.1, when any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments to the clerk of the court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.
- (2) Except as otherwise provided under Section 99-19-20.1, the defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations provided under this section. The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is financially unable to pay a fine and such defendant failed or refused to comply with a prior sentence as specified in subsection (1) of this section, the defendant may be imprisoned.
This subsection shall be limited as follows:
- (a) In no event shall such period of imprisonment exceed one (1) day for each One Hundred Dollars ($100.00) of the fine.
- (b) If a sentence of imprisonment, as well as a fine, were imposed, the aggregate of such term for nonpayment of a fine and the original sentence of imprisonment shall not exceed the maximum authorized term of imprisonment.
- (c) It shall be in the discretion of the judge to determine the rate of the credit to be earned for work performed under subsection (1)(d), but the rate shall be no lower than the rate of the highest current federal minimum wage.
- (3) Periods of confinement imposed for nonpayment of two (2) or more fines shall run consecutively unless specified by the court to run concurrently.
Laws, 1979, ch. 501, § 1; Laws, 1998, ch. 380, § 1; Laws, 2010, ch. 492, § 4, eff. 4/7/2010.
Amended by Laws, 2018, ch. 416, HB 387,§ 2, eff. 7/1/2018.
Notes of Decisions
Cited in 11
cases, 1984–2013 · leading case: Berdin v. State, 648 So. 2d 73 (Miss. 1994).
Berdin v. State, 648 So. 2d 73 (Miss. 1994). “This specific rule of fundamental fairness is reflected in Miss. Code Ann. § 99-19-20 (2). It mandates that if the court determines a defendant is "financially unable to pay a fine," then the "defendant shall not be imprisoned.”
Conley v. State, 790 So. 2d 773 (Miss. 2001). “Miss.Code Ann. § 99-19-20(2)(2000) states in part: The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is…”
Arnett v. State, 532 So. 2d 1003 (Miss. 1988). “The appellee's reliance on Miss. Code Ann. § 99-19-20 (1)(c) (1972) is misplaced.”
Haynes v. State, 811 So. 2d 283 (Miss. Ct. App. 2001). “Miss.Code Ann. § 99-19-20 (Rev.2000). The original sentence is not challenged here, but only the sentence that was imposed after probation was revoked.”
Cassibry v. State, 453 So. 2d 1298 (Miss. 1984). “Miss. Code Ann. § 99-19-20 (2) (Supp. 1983).”
Bailey v. State, 956 So. 2d 1016 (Miss. Ct. App. 2007). “Miss.Code Ann. § 99-19-20 (Rev.2000). ¶ 111.”
United States v. Norman L. Haymer, 995 F.2d 550 (5th Cir. 1993). “Miss.Code Ann. § 99-19-20(2); Cassibry v.”
Jones v. State, 564 So. 2d 848 (Miss. 1990). “(1) When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments to the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of…”
Ross v. State, 122 So. 3d 136 (Miss. Ct. App. 2013). “See Miss.Code Ann. § 99-19-20. The language in the sentencing order seems to indicate that the payments were due immediately, and the trial court so held at the revocation hearing.”
U.S. v. Haymer, No. 92-7585 (5th Cir. July 1, 1993). “*********** Miss. Code Ann. § 99-19-20 (2); Cassibry v.”
Glen L. Conley, Jr. v. State of Mississippi, No. 1999-KA-00521-SCT (Miss. July 3, 1998). “Miss. Code Ann. § 99-19-20 (2)(2000) states in part: The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is…”
Miss. Code Ann. § 99-19-20(1): 1 case
Haynes v. State, 811 So. 2d 283 (Miss. Ct. App. 2001). “Miss.Code Ann. § 99-19-20 (Rev.2000). The original sentence is not challenged here, but only the sentence that was imposed after probation was revoked.”
Miss. Code Ann. § 99-19-20(2): 3 cases
Haynes v. State, 811 So. 2d 283 (Miss. Ct. App. 2001). “Miss.Code Ann. § 99-19-20 (Rev.2000). The original sentence is not challenged here, but only the sentence that was imposed after probation was revoked.”
United States v. Norman L. Haymer, 995 F.2d 550 (5th Cir. 1993). “Miss.Code Ann. § 99-19-20(2); Cassibry v.”
Jones v. State, 564 So. 2d 848 (Miss. 1990). “(1) When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments to the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of…”
Miss. Code Ann. § 99-19-20(2)(2000): 1 case
Conley v. State, 790 So. 2d 773 (Miss. 2001). “Miss.Code Ann. § 99-19-20(2)(2000) states in part: The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is…”
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