Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

Ability to Pay

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	State	Statute	Description/Statute Name	Statutory language	Level of offense	Definition of ability to pay	Timeline	Burden of proof	Method of determination	Mandatory	Remedies if unable to pay
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-111	Presentence investigation--when required	The psychosexual evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation + See more must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9. The district court may order subsequent psychosexual evaluations at the request of the county attorney. The requestor of any subsequent psychosexual evaluations is responsible for the cost of the evaluation.	All	Indigency	Not provided for	Not provided for	Not provided for	Yes	Waive or reduce fee
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-111	Presentence investigation--when required	The mental health evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the + See more evaluation must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9.	All	Indigency	Not provided for	Not provided for	Not provided for	Yes	Waive or reduce fee
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-236(2)	Imposition of charge upon conviction or forfeiture--administration	If a convicting court determines under 46-18-231 and 46-18-232 that the person is not able to pay the fine and costs or that the person is unable to pay within + See more a reasonable time, the court shall waive payment of the charge imposed by this section.	All	As determined under Mont. Code Ann. § 46-18-231 and Mont. Code Ann. § 46-18-232	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Waive surcharge
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-18-241(3)	Condition of Restitution	If at any time the court finds that, because of circumstances beyond the offender's control, the offender is not able to pay any restitution, the court may order the offender + See more to perform community service during the time that the offender is unable to pay. The offender must be given a credit against restitution due at the rate of the hours of community service times the state minimum wage in effect at the time that the community service is performed.	All	Not able to pay any restitution because of circumstances beyond the offender's control	Not provided for	Not provided for	Not provided for	No	Community service payable against restitution owed in amount equal to the minimum wage for each hour worked.
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-23-1005(3)	Misdemeanor probation offices--officers--costs	The actual cost of probation supervision over the offender's sentence must be paid by the offender unless the offender can show that the offender is unable to pay those costs.	Misdemeanor	Not provided for	Not provided for	Burden on defendant to show inability to pay	Not provided for	Yes	Waive or reduce fee
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-23-1022	Parole services	The department may purchase necessary services for a parolee if they are otherwise unavailable and the parolee is unable to pay for them. It may assess all or part of + See more the costs of such services to a parolee in accordance with the parolee's ability to pay for them.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Waive or reduce fee
Add to Dashboard + Create New	Montana	Mont. Code Ann. § 46-23-1031(c)	Supervisory fees	The court, department, or board may reduce or waive a fee required by subsection (1)(a) or (1)(b) or suspend the monthly payment of the supervisory fee if it determines that + See more the payment would cause the person a significant financial hardship.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Waive or reduce fee
Add to Dashboard + Create New	New York	N.Y. Penal Law § 80.00	Fine for felony	When imposing a fine pursuant to the provisions of this paragraph, the court shall consider the profit gained by defendant's conduct, whether the amount of the fine is disproportionate to + See more the conduct in which defendant engaged, its impact on any victims, and defendant's economic circumstances, including the defendant's ability to pay, the effect of the fine upon his or her immediate family or any other persons to whom the defendant owes an obligation of support.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	New York	N.Y. Correct. Law § 201(9)	Authority and responsibility for community supervision	The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said fee would work an unreasonable hardship on the + See more person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.	All	payment of said fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial + See more support.	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Exec. Law § 257-c	Probation administrative fee	The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the + See more person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.	All	payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial + See more support.	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Correct. Law § 189(2)	Disposition of moneys paid to prisoner for his labor	The commissioner shall waive the collection of such fee where it is determined that the payment of the fee would work an unreasonable hardship on the prisoner or his or + See more her immediate family.	All	payment of the fee would work an unreasonable hardship on the prisoner or his or her immediate family.	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1198(5)	Installation and operation of ignition interlock devices	The cost of installing and maintaining the ignition interlock device shall be borne by the person subject to such condition unless the court determines such person is financially unable to + See more afford such cost whereupon such cost may be imposed pursuant to a payment plan or waived	All	the court determines such person is financially unable to afford such cost	Not provided for	Not provided for	Not provided for	No	Waiver or payment plan
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.30	Remission of fines, restitution or reparation	a court may waive the crime victim assistance fee if such defendant is an eligible youth as defined in subdivision two of section 720.10 of this chapter, and the imposition of such + See more fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support.	All	imposition of such fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support.	Not provided for	Not provided for	Not provided for	No	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.35	Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines	When the court directs that the defendant be imprisoned until the mandatory surcharge, sex offender registration fee or DNA databank fee is satisfied, it must specify a maximum period of + See more imprisonment not to exceed fifteen days; provided, however, a court may not direct that a defendant be imprisoned until the mandatory surcharge, sex offender registration fee, or DNA databank fee is satisfied or otherwise for failure to pay the mandatory surcharge, sex offender registration fee or DNA databank fee unless the court makes a contemporaneous finding on the record, after according defendant notice and an opportunity to be heard, that the payment of the mandatory surcharge, sex offender registration fee or DNA databank fee upon defendant will not work an unreasonable hardship upon him or her or his or her immediate family.	All	unreasonable hardship upon defendant or defendant's immediate family	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 988.9	Fees and costs	In hardship cases the supervising agency may expressly waive all or part of the fee. No supervising agency participating in a local community sentencing system shall deny any offender supervision + See more services for the sole reason that the offender is indigent.	All	Not provided for	Not provided for	Not provided for	Administrative decision	No	Waiver of fee
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 991a(A)(4)	Sentencing powers of court--Alcohol and drug assessment and evaluation--Restitution, fines, or incarceration--Victim impact statements--Probation and monitoring--DNA samples	if, in the opinion of the court, the defendant is able to pay without imposing manifest hardship on the defendant, and if the costs incurred by the Bureau during the + See more investigation of the defendant's case may be determined with reasonable certainty;	All	Not provided for	Not provided for	Not provided for	Other	Yes	None specified
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 471.6H	Final eligibility hearing--Acceptance into program--Duration of participation--Costs and fees--Driving privileges	Court orders for costs and fees shall remain an obligation of the offender until fully paid; provided, however, once the offender has successfully completed the drug court program, the drug + See more court judge shall have the discretion to expressly waive all or part of the costs and fees provided for in this subsection if, in the opinion of the drug court judge, continued payment of the costs and fees by the offender would create a financial hardship for the offender. Offenders who have not fully paid all costs and fees pursuant to court order but who have otherwise successfully completed the drug court program shall not be counted as an active drug court participant for purposes of drug court contracts or program participant numbers.	All	No financial hardship	At enforcement of fine or fee	Not provided for	Not provided for	No	Waiver of fee
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 60.2C	Protective order--Petition--Complaint requirement for certain stalking victims--Fees	the court shall have authority to waive the costs and fees if the court finds that the party does not have the ability to pay the costs and fees.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Waiver of costs
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 22, § 1355.14E	Payment of costs of representation--Fee schedule	The fees shall be assessed unless ordered waived upon good cause shown by the indigent person, or unless another amount is specifically requested by counsel for the indigent person and + See more is approved by the court.	All	Not indigent	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	Waiver of fee
Add to Dashboard + Create New	Oklahoma	Okla. Stat. tit. 10A, § 1-4-701A	Reimbursements and costs by parents able to pay	Upon notice to the parent or other person legally obligated to support the child and upon an opportunity to be heard and a finding of financial ability to pay	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	None specified

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