The Arizona Revised Statutes have been updated to include the revised sections from the 54th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 55th Legislature, 1st Regular Session, which convenes in January 2021.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
A. A judge may mitigate a fine that is not mandatory if the defendant who is ordered to pay the fine demonstrates that the payment would work a hardship on the defendant or on the defendant's immediate family.
B. In determining whether to mitigate a fine, the court may consider any relevant evidence, including:
1. The impact of the fine on the ability of the defendant to pay the restitution.
2. The extent of the financial hardship on the defendant or on the defendant's immediate family.
3. Whether the defendant is receiving benefits pursuant to any of the following:
(a) The temporary assistance for needy families program established by section 403 of title IV of the social security act.
(b) The supplemental nutrition assistance program (7 United States Code sections 2011 through 2036c).
(c) The supplemental security income program (42 United States Code sections 1381 through 1383f).
4. Whether the defendant is seeking, obtaining or maintaining employment if legally permitted to do so or is attending school.
5. A defendant's medical condition.
C. A judge may mitigate a surcharge that is imposed pursuant to sections 12-116.01 and 12-116.02 if the fine is mandatory.