Office of the Attorney General of the State of South Carolina, August 10 (1999)

Attorney General Opinions | Office of the Attorney General of the State of South Carolina, August 10 (1999) | 2018

Questions
Pursuant to section 22-3-550 of the Annotated Code of South Carolina, is a court authorized to repeatedly hold a defendant in contempt for his failure to make restitution payments until the restitution payments are made?

Conclusion
Section 22-3-550 authorizes a magistrate to order a criminal defendant to pay restitution. A defendant’s failure to pay restitution ordered by the court may constitute contempt of court. If, however, a defendant’s failure to pay is due to his financial inability to make such payments, the court may establish a reasonable fee schedule pursuant to section 17-25-350, which the judge has the jurisdiction and authority to monitor. If, however, the defendant’s failure to pay was not a result of his lack of financial resources, each failure could constitute a contempt of court.