Ability to Pay

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State Statute Description/Statute Name Statutory language Type of financial obligation Type of court Level of offense Definition of ability to pay Timeline Burden of proof Hearing requirements Method of determination Mandatory Remedies if unable to pay
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Arkansas Ark. Code Ann. § 5-65-114   Inability to pay -- Alternative public service work
 If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs,
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the court shall order the person to perform public service work as the court determines is appropriate.
Fine State, Municipal All Not provided for Not provided for Not provided for Not provided for Not provided for Yes

Community Service

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Arkansas Ark. Code Ann. § 16-93-104   Supervision fee -- Direct payment by offender -- Failure to pay
(b) (1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he
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or she would not be imprisoned for nonpayment. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds. (3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made. (4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part. (c) (1) The offender on parole may be imprisoned for violation of parole if the offender is financially able to make the payments and if the payments are not made and the Parole Board so finds, subject to the limitations set out in this subsection. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Parole Board in writing, and the Parole Board so finds. (d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.
Fee All All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for Not provided for Yes

Additional time, reduced payments, revoke fees.

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Arkansas Ark. Code Ann. § 5-4-303 Conditions of suspension and probation The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay. Fee State, Municipal All Not provided for Not provided for Not provided for Not provided for Not provided for Yes

Waiver/reduction of fee

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Colorado Colo. Rev. Stat. § 18-1.3-507(6) Community or useful public service--misdemeanors
The court shall assess an amount, not to exceed one hundred twenty dollars, upon every person required to perform community or useful public service pursuant to section 18-1.3-501(2). The court
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may waive this fee if the court determines the defendant to be indigent.
Supervision fee All All

"Indigent"

Not provided for Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. § 17-10-103 Action for reimbursement of cost of care
In an action filed pursuant to this article, the plaintiff seeking reimbursement for cost of care shall demonstrate that the offender substantially misrepresented such offender's financial status to the sentencing
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court or that such offender's financial circumstances have changed substantially after sentencing.
Other All All

"sufficient assets to pay all or part of the cost of care

At enforcement of fine or fee Burden on government to show ability to pay

Hearing required

Determined by judge after hearing No Not provided for
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Colorado Colo. Rev. Stat. §18-19-103(6) Source of revenues--allocation of moneys
(a) The court may not waive any portion of the surcharge required by this section unless the court first finds that the drug offender is financially unable to pay any
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portion of said surcharge.(b) The finding required by paragraph (a) of this subsection (6) shall only be made after a hearing at which the drug offender shall have the burden of presenting clear and convincing evidence that he is financially unable to pay any portion of the surcharge. (c) The court shall waive only that portion of the surcharge which the court has found the drug offender is financially unable to pay.
Surcharge All Felony

None given

Not provided for Burden on defendant to show inability to pay

Hearing required

Determined by judge after hearing No Not provided for
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Colorado Colo. Rev. Stat. §18-21-103(4) Source of revenues--allocation of moneys
The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a sex offense is indigent or
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financially unable to pay all or any portion of such surcharge. The court shall waive only that portion of the surcharge which the court has found that the person convicted of a sex offense is financially unable to pay.
Surcharge All Felony, Misdemeanor

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. §18-24-103(3) Source of revenues--allocation of moneys
(3) The court may waive all or any portion of the surcharge required by section 18-24-102 if the court finds that a person convicted of a crime against a child
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is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against a child is financially unable to pay.
Surcharge All Felony, Misdemeanor

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. §18-25-101(4) Restorative justice surcharge--definitions
The court may waive all or any portion of the surcharge required by subsection (1) of this section if the court finds that a person or juvenile is indigent or
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financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person or juvenile is financially unable to pay.
Surcharge All All

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. § 18-26-101(3) Statewide discovery sharing system surcharge
The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a crime is indigent or financially
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unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime is financially unable to pay.
Surcharge All Felony, Misdemeanor

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. § 16-22-108(7)(b) Registration--procedure--frequency--place--change of address--fee
The local law enforcement agency may waive the fee for an indigent person. For all other persons, the local law enforcement agency may pursue payment of the fee through a
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civil collection process or any other lawful means if the person is unable to pay at the time of registration. A local law enforcement agency shall accept a timely registration in all circumstances even if the person is unable to pay the fee at the time of registration.
Fee All All

None given

Not provided for Not provided for Not provided for Administrative decision No Not provided for
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Colorado Colo. Rev. Stat. § 16-11.7-105(1) Sentencing of sex offenders--treatment based upon evaluation and identification required The offender shall pay for the treatment to the extent the offender is financially able to do so. Supervision fee All All

None given

Not provided for Not provided for Not provided for Administrative decision No Not provided for
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Colorado Colo. Rev. Stat. §16-10-109((2)) Trial by jury for petty offenses "a jury fee of twenty-five dollars unless the fee is waived by the judge because of the indigence of the defendant" Fee All Misdemeanor

None given

Before imposition of fine or fee Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. § 24-4.1-119(1.5) Costs and surcharges levied on criminal actions and traffic offenses
A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or
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surcharge is levied is indigent.
Surcharge All All

None given

At enforcement of fine or fee Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. §24-4.2-104(1)(a) Surcharges levied on criminal actions and traffic offenses The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent. Surcharge All All

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. §42-4-1307(b) Penalties for traffic offenses involving alcohol and drugs--legislative declaration--definitions--repeal
The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the
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court determines that a person is indigent.
Surcharge All All

None given

Not provided for Not provided for Not provided for Not provided for Yes Not provided for
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Colorado Colo. Rev. Stat. §18-13-122(4)(e) Illegal possession or consumption of ethyl alcohol or marijuana by an underage person--illegal possession of marijuana paraphernalia by an underage person--definitions--adolescent substance abuse prevention and treatment fund--legislative declaration "which may be waived by the court upon a showing of indigency" Surcharge All Misdemeanor

None given

Not provided for Not provided for Not provided for Not provided for No Not provided for
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Colorado Colo. Rev. Stat. §17-1-113(4)(d) Medical visits--charge to inmates--legislative declaration
The specific services for which a copayment will be assessed, waived, or reduced, as well as the specific and exclusive bases upon which a copayment may be waived by department
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personnel, including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution
Supervision fee All All

None given

Not provided for Not provided for Not provided for Administrative decision No Not provided for
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Connecticut Conn. Gen. Stat. § 18-100e(d) Pilot zero-tolerance drug supervision program urinalysis fee
(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug
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test be administered, at such person’s expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Department of Correction shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test.
Fee State, Municipal All

indigent, based upon financial affidavits

Before imposition of fine or fee Not provided for

determination based on financial affidavits

Administrative decision Yes

Department of Correction shall pay the cost

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Connecticut Conn. Gen. Stat. § 53a-28(c) Authorized sentences.
In determining the appropriate terms of financial restitution, the court shall consider: (A) The financial resources of the offender and the burden restitution will place on other obligations of the
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offender; (B) the offender’s ability to pay based on installments or other conditions; (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (D) other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate. If the court determines that the current financial resources of the offender or the offender’s current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms.
Restitution State, Municipal All

current financial resources of the offender or the offender’s current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined

Before imposition of fine or fee Not provided for Not provided for Not provided for Yes

The court may forgo setting restitution