§ 14-36. Sentence, execution and writ of commitment, suspension, probation and default.

(a)

The judge may sentence any person found guilty of violation of the Charter, this Code, or any ordinance of the city to a fine, imprisonment, or both such fine and imprisonment as provided for such violation together with allowable costs.

(b)

If a defendant against whom any fine or penalty is assessed upon conviction fails to pay or satisfy it as directed by the judge, the judge may issue a writ of execution to provide for the satisfaction of such sentence.

(c)

If the defendant is sentenced to imprisonment, the judge shall issue a writ of commitment directing the county sheriff to take the defendant into custody and keep the defendant safely until the sentence is satisfied.

(d)

The judge may suspend, upon condition, in whole or in part, for two (2) years or such stated shorter time as the judge deems appropriate, any fine, penalty, or imprisonment imposed against a defendant for a violation of Charter, this Code, or any ordinance of the city, except a required minimum fine, penalty, or imprisonment. If no specific fine, penalty, or imprisonment is imposed, such sentence shall be considered to be a probation.

(e)

The judge may sentence a defendant to probation for two (2) years or such stated shorter time as the judge deems appropriate, under such terms and conditions as deemed appropriate, except that any required minimum fine, penalty, or imprisonment shall be paid or served as a condition of probation.

(f)

The judge may impose any of the following conditions for a suspended sentence or probation:

(1)

Refraining from violating any federal, state, or city law within the probation period following the conviction; unless specifically provided otherwise by the municipal judge, this is a condition of every suspended sentence or probation;

(2)

Restitution for damage or injury caused during the commission of the violation for which the defendant was convicted;

(3)

Attendance at one or more sessions of a driver training school;

(4)

Participation in a mental health, drug or alcohol evaluation and treatment program;

(5)

Performance of a specified number of hours, not exceeding one hundred twenty (120), of community service tasks that will not injure the defendant's health or welfare;

(6)

Any other lawful condition reasonably related to the violation.

(g)

Upon proof by a preponderance of the evidence of breach of any condition of a suspended sentence or probation after appropriate notice and hearing thereon, the judge may forthwith execute any suspended sentence or, in the case of a breach of probation, impose any sentence that could have been imposed at the time of entry of judgment. Upon any hearing to determine if a condition has been breached, the judge shall apply the rules of evidence for civil nonjury cases, but may receive and consider evidence not admissible under such rules if it possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.

(h)

The judge may stay execution to enable a defendant to pay a fine or penalty at a later date or in installments. If a defendant fails to meet the terms of the stay of execution allowed under this subsection, the judge shall issue a writ of execution and place the defendant in jail until such sentence is paid or satisfied.

(i)

Every person against whom any fine or penalty is assessed under the Charter, this Code, or any ordinance of the city who refuses or neglects to pay it when demanded or violates any condition placed thereon by a judge may be committed to jail until such fine or penalty is paid or satisfied.

(j)

A defendant imprisoned for refusing to pay a fine or penalty satisfies such fine at a rate set by the judge, but in no event at less than six dollars ($6.00) per day of twenty-four (24) hours, which is the rate if no rate of satisfaction is set forth.

(k)

No person shall be imprisoned under the terms of this section for failure to pay a fine or penalty or satisfy the terms of the stay of execution or installment payment if such person satisfactorily demonstrates to the judge that the person has no estate whatsoever from which to pay such fine or part thereof, in which case the judge shall discharge the person from such fine or penalty.