Mississippi Code
Miss. Code Ann. § 99-37-5 (2026)
Payment; order; enforcement
✓ current as of July 2026
- (1) When a defendant is sentenced to pay a fine or costs or ordered to make restitution, the court may order payment to be made forthwith or within a specified period of time or in specified installments. If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, costs or restitution shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing.
- (2) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. Such offenders shall make restitution payments directly to the victim. As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
Laws, 1978, ch. 400, § 3; Laws, 1979, ch. 462, § 5, eff. 7/1/1979.
Notes of Decisions
Cited in 5
cases, 1986–1999 · leading case: Green v. State, 631 So. 2d 167 (Miss. 1994).
Green v. State, 631 So. 2d 167 (Miss. 1994). “" Miss. Code Ann. § 99-37-5 (1) (Supp. 1992) (Emphasis added).”
State v. Davis, 940 S.W.2d 558 (Tenn. 1997). “Miss. Code Ann. § 99-37-5 (1995); Or.Rev.”
Powell v. State, 536 So. 2d 13 (Miss. 1988). “Section 99-37-5, Mississippi Code Annotated (1972), as Amended, specifically refers to a defendant being sentenced, "to pay a fine or cost or ordered to make restitution.”
Fanning v. State, 497 So. 2d 70 (Miss. 1986). “And in § 99-37-5(2) it states: When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of the fine or costs of the making of restitution a…”
Smith v. State, 742 So. 2d 1188 (Miss. Ct. App. 1999). “Miss.Code Ann. § 99-37-5 (Rev.1994). The United States Supreme Court has held that in order to give full value to a probationer's equal protection *1190 rights, certain principles must be considered: [I]n revocation proceedings for failure to pay a fine or restitution, a…”
— Miss. Code Ann. § 99-37-5(2) — 1 case
Fanning v. State, 497 So. 2d 70 (Miss. 1986). “And in § 99-37-5(2) it states: When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of the fine or costs of the making of restitution a…”
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