Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
See all ability to pay policy recommendations in CJPP’s Policy Guide
Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
9 Results
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
|
Mississippi | Miss. Code Ann. § 63-11-31 (7)(a) | Interlock Device Fund |
The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of device installation and operation by + See moreand court-ordered drug testing of indigent offenders.
|
Misdemeanor |
inadequate resources to pay; participation in public assistance programs |
Not provided for | Burden on government to show ability to pay | Administrative decision | Yes |
Interlock Device Fund |
Add to Dashboard
|
Colorado | Colo. Rev. Stat. §18-1.3-702(3)(c),(d) | Monetary Payments - Due Process Required |
(c) The court shall not find the defendant in contempt of court, nor impose a suspended sentence, nor revoke probation, nor order the defendant to jail for failure to pay unless the court has made findings on the record, after providing notice to the defendant and a hearing, that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order. (d) The court shall not accept a defendant's guilty plea for contempt of court for failure to pay or failure to comply with the court's order to pay a monetary amount unless the court has made findings on the record that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order.
|
All |
"The ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order;" "The defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."
|
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | Yes | Not provided for |
Add to Dashboard
|
Colorado | Colo. Rev. Stat. § 16-18.5-106(1) | Restitution for Persons Sentenced to the Department of Corrections |
Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in section 16-18.5-104(3), for purposes of determining the defendant's ability to pay court ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section 16-18.5-110.
|
Misdemeanor, Felony | Not provided for | Before imposition of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
Add to Dashboard
|
Colorado | Colo. Rev. Stat. § 17-10-103(2);(3) | Action for Reimbursement of Cost of Care |
(2) 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 court or that such offender's financial circumstances have changed substantially after sentencing; (3) If, after a hearing, the court determines that the offender has sufficient assets to pay all or part of the cost of care, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances.
|
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 | Determined by judge after hearing | No | Not provided for |
Add to Dashboard
|
Colorado | C.R.S. 16-18.5-104(1);(3) | Initial Collections Investigation - Payment Schedule |
(1) Orders for restitution shall be due and payable at the time that the order of conviction is entered. Unless the defendant is sentenced to the custody of the executive director of the department of corrections, if at the time that the court enters an order for restitution pursuant to section 18-1.3-603, C.R.S., the defendant alleges that he or she cannot pay the full amount of restitution, the court shall direct that the defendant report immediately to the collections investigator.... (3)(a) Upon referral of a defendant pursuant to subsection (2) of this section, the collections investigator shall conduct an investigation into the financial ability of the defendant to pay the restitution ordered by the court. Such investigation may consist of but is not limited to: (I) Submission of written financial affidavits or disclosures of the defendant's personal, household, and business income, assets, and liabilities; (II) Submission to an oral examination of the defendant's financial circumstances; (III) Submission of books, papers, documents, or other tangible things related to the defendant's financial circumstances including but not limited to: (A) Payroll stubs; (B) Financial institution account statements; (C) Stock certificates; (D) Deeds, titles, or other evidence of ownership; (E) State and federal tax records; and (F) Insurance policies and statements; (IV) Research and verification of all oral and written statements made by the defendant. (b) In the case of a juvenile defendant, the collections investigator may conduct the investigation into the juvenile's parents' or legal guardian's financial circumstances as well as the juvenile's. (c) For purposes of conducting the investigation required by this subsection (3), the collections investigator shall have access to data maintained by other state agencies including but not limited to wage data, employment data, and income tax data. The judicial department and any other departments are authorized to enter into agreements for the sharing of such data. (d) Notwithstanding the provisions of article 72 of title 24, C.R.S., documents and information obtained by the collections investigators pursuant to this subsection (3) shall not be public records, but shall be open to public inspection only upon an order of the court based on a finding of good cause. Documents and information obtained by the collection investigators may be made available to the victim and to any private collection agency or third party with whom the judicial department may contract for the collection of past due restitution. In addition, if any warrant is issued for the arrest of any defendant due to nonpayment of restitution, information concerning the defendant's address and place of employment may be shared with a criminal justice agency.
|
All | Not provided for | At enforcement of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
Add to Dashboard
|
Colorado | C.R.S. 16-18.5-105 | Monitoring - Default - Penalties |
Whenever a defendant fails to make a payment of restitution within seven days after the date that the payment is due pursuant to a payment schedule established pursuant to this article, in addition to any other remedy, the collections investigator may: (a) Conduct an additional financial investigation of the defendant as described in section 16-18.5-104 (3).
|
All | Not provided for | At enforcement of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
Add to Dashboard
|
Missouri | Mo. Ann. Stat. § 559.021(6) | Conditions of probation--compensation of victims--free work, public or charitable--defendant not an employee for workers’ compensation purposes--payment to county restitution fund, when |
A defendant who fails to make a payment to a county law enforcement restitution fund may not have his or her probation revoked solely for failing to make such payment unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.
|
All |
Not provided for |
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | Yes |
Probation not revoked |
Add to Dashboard
|
Texas | Tex. Code Crim. Proc. Art. 42A.751(i) | Violation of Conditions of Community Supervision; Detention and Hearing |
(i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay compensation paid to appointed counsel, community supervision fees, or court costs, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.
|
All |
Not provided for |
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | Yes |
None specified |
Add to Dashboard
|
Washington | Wash. Rev. Code Ann. § 9.94B.040(4)(c) | Noncompliance with condition or requirement of sentence — Procedure — Penalty. |
(c) The state has the burden of showing noncompliance by a preponderance of the evidence. The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources. An offender who is indigent as defined by RCW 10.101.010(3) (a) through (c) is presumed to lack the current ability to pay;
|
All |
Court shall inquire into and consider: (i) The offender’s income and assets; (ii) the offender’s basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender’s bona fide efforts to acquire additional resources; indigent.
|
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge without hearing | No |
Court may not sanction the offender for failure to pay legal financial obligations |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.