State Sen. Stewart Greenleaf, R-Montgomery, released a memo stating his plan to introduce amendments to the state constitution that would abolish the practice of incarcerating or revoking the driver's license of an indigent who can't afford to pay court fines, fees or restitution.

According to the senator's memorandum, Title 42 Section 9730 of the Pennsylvania Constitution would be amended to require judges to hold a hearing if a defendant defaults on a payment. The hearing, Greenleaf said in the memo, would determine if a person is financially able to pay.

If the payment would cause a “'manifest hardship'” the court would be required to provide an installment payment plan and add community service or a combination of both as a payment option. “Manifest hardship,” Greenleaf said, would include household income below a specific percentage of the federal poverty level. Greenleaf said his bill would also amend Section 9758(b) so that the amount of payment per month would be based on the defendant's household income.

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