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	Kentucky	Ky. Rev. Stat. Ann. § 533.030(2)(l)	Conditions of probation and conditional discharge; restitution to victim	(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant: (l) Submit to periodic testing for the + See more use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court;	All	Not provided for	Not provided for	Not provided for	Determined by judge without hearing	No	Fee waived
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 24A.178(3)	Additional fee for sex crime, stalking, or related inchoate offenses	The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or financially + See more unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.	All	"Indigent or financially unable to pay"	Not provided for	Not provided for	Not provided for	No	Waiver of fee
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 441.265(2)(b)	Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods	(b) Rates charged may be adjusted in accordance with the fee and expense reimbursement policy based upon the ability of the prisoner confined to the jail to pay, giving consideration to + See more any legal obligation of the prisoner to support a spouse, minor children, or other dependents. The prisoner's interest in any jointly owned property and the income, assets, earnings, or other property owned by the prisoner's spouse or family shall not be used to determine a prisoner's ability to pay.	All	Not provided for	Not provided for	Not provided for	Administrative decision	No	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 532.454(5)	Persons prohibited from probation or postincarceration supervision; procedure when probation or postincarceration supervision not prohibited	(5) The offender shall pay for any evaluation or treatment required pursuant to this section up to the offender's ability to pay but not more than the actual cost of + See more the comprehensive sex offender presentence evaluation or treatment.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	No	N/A
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 532.354(1)	Copayment for medical treatment	(1) A local government may require prisoners to make a reasonable copayment in advance of medical treatment received through a regional jail facility. No prisoner shall be denied medical treatment + See more by reason of indigency, but a prisoner may be required to pay for medical treatment as part of any reimbursement order entered by the sentencing court.	All	Indigency	Not provided for	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 532.352	Reimbursement for costs of incarceration	(1) The sentencing court may order a person who is sentenced to a term of incarceration for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D + See more felony offense to reimburse the state or local government for the costs of his incarceration. The reimbursements paid under this subsection shall be credited to the local government sinking fund. (2) The sentencing court shall determine the amount of incarceration costs to be paid based on the following factors: (a) The actual per diem, per person, cost of incarceration; (b) The cost of medical services provided to a prisoner less any copayment paid by the prisoner; and (c) The prisoner's ability to pay all or part of his incarceration costs.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	N/A
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.040	Fines for misdemeanors and violations	(4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.	Misdemeanor	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Not provided for
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 23A.205	Court costs for criminal cases in Circuit Court; payment required; exceptions	(1) Court costs for a criminal case in the Circuit Court shall be one hundred dollars ($100). (2) The taxation of court costs against a defendant, upon conviction in a + See more case, shall be mandatory and shall not be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future. (3) If the court finds that the defendant does not meet the standard articulated in subsection (2) of this section and that the defendant is nonetheless unable to pay the full amount of the court costs, fees, or fines at the time of sentencing, then the court may establish an installment payment plan in accordance with KRS 534.020.	All	"A poor person" as defined by statute.	Not provided for	Not provided for	Not provided for	No	Fee probation, suspension, proration, deduction, or other form of nonimposition
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 23A.208(3)	Additional fee for sex crime, stalking, or related inchoate offenses	(3) The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or + See more financially unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive portion of surcharge.
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 99-5-38 (8)	community service	The court may allow a defendant to perform community service in lieu of paying the costs required by subsection (2)(b) or (c) if the court determines that the defendant is + See more indigent.	Felony	indigence	Not provided for	Not provided for	Not provided for	No	community service
Add to Dashboard + Create New	Mississippi	Miss. Code Ann. § 47-5-1013 (a)	waiver	The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($ 88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's + See more participation in the program would provide a benefit to his community.	Misdemeanor	extreme financial hardship	Not provided for	Not provided for	Not provided for	No	lower fee
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-11-402(a)	Subpoena of witnesses for indigent defendants	(a) Upon application of a defendant and upon a satisfactory showing that the defendant is financially unable to pay the fees of a witness and that the presence of the + See more witness is necessary to an adequate defense, the court shall order that a subpoena be issued for service on a named witness and order that all fees and costs incurred be paid as provided by subsection (b) of this section. (b) If the court orders a subpoena to be issued under this section, the costs incurred and the fees of the witness so subpoenaed shall be paid by the public defender's office.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Fees of the witness so subpoenaed shall be paid by the public defender's office
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-11-506	Trial transcript for indigent prisoner upon appeal	Any person sentenced to imprisonment in a state penal institution, who appeals to the supreme court, may file, in the court in which that person was convicted, a petition requesting + See more that the person be furnished with a stenographic transcript of the proceedings at that person's trial. The petition shall be verified by the petitioner and shall state facts showing that at the time of conviction and at the time of filing the petition that person was without financial means to pay for the transcript. If the judge who imposed sentence, or any other judge of the court, finds that the defendant is without financial means with which to obtain the transcript of the proceedings at trial, the judge shall order the reporter to transcribe an original and copy of the reporter's notes. The original of the transcript shall be filed with the clerk and the copy shall be delivered to the defendant without charge. The reporter's fees for preparation of the transcript shall be the same as those prescribed in W.S. 5 3 410, and shall be paid by the county in which the conviction is had.	All	Without financial means with which to obtain the transcript	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Copy of original transcript delivered to the defendant without charge
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-16-204(b)	Representation of needy persons	(b) Appointed counsel, services and facilities necessary for representation, and court costs shall be provided at public expense to the extent that the person, at the time the court determines + See more need, is unable to provide for their payment.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Appointed counsel, services and facilities necessary for representation, and court costs shall be provided at public expense
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 14-6-235(c)-(d)	Fees, costs and expenses	(c) Legal services rendered to a child for his benefit and protection are necessities which the child's parents or any person obligated by law for the child's support may be + See more held responsible. In every case in which a guardian ad litem has been appointed to represent the child under W.S. 14-6-216 or in which counsel has been appointed under W.S. 14-6-222 to represent the child, the child's parents, guardian or other person responsible for the child's support, the court shall determine whether the child, the child's parents, guardian or other person responsible for the child's support is able to pay part or all of the costs of representation and shall enter specific findings on the record. If the court determines that any of the parties is able to pay any amount as reimbursement for costs of representation, the court shall order reimbursement or shall state on the record the reasons why reimbursement was not ordered. The court may also in any case order that all or any part of the costs and expenses enumerated in paragraphs (b)(i), (iii), (iv) and (vii) of this section, be reimbursed to the county by the child, his parents or any person legally obligated for his support, or any of them jointly and severally, upon terms the court may direct. An order for reimbursement of costs made pursuant to this subsection may be enforced as provided in W.S. 14-6-236. Any reimbursement ordered for guardian ad litem services provided pursuant to W.S. 14-12-101 through 14-12-104 shall be apportioned between the county and the guardian ad litem program in accordance with payments made for those services. (d) The department of family services shall promulgate rules and regulations establishing a standard fee schedule for probation services provided under this act. In every case in which a child has been placed on probation under W.S. 14-6-229(d), the court shall determine whether the child, the child's parents, guardian or other person legally obligated for the child's support is able to pay part or all of the expenses of probation determined in accordance with the department's fee schedule and shall enter specific findings on the record. If the court determines that any of the parties is able to pay any amount as reimbursement for expenses of probation, the court shall order reimbursement by any or all of the parties, jointly and severally, or shall state on the record the reasons why reimbursement was not ordered. An order for reimbursement of expenses made pursuant to this subsection may be enforced as provided in W.S. 14-6-236.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Reimbursement for costs of representation; reimbursement for expenses of probation.
Add to Dashboard + Create New	Wyoming	Wyo. R. Crim. P. 44(b),(d)	Right to Assignment of Counsel	(b) Procedure. The procedures for implementing the right set out in subdivision (a) shall be those provided by W.S. 7-6-101 et seq. and by these rules. The appointment of counsel + See more for delinquency cases is governed by W.S. 14-6-222 and, fees, costs and expenses for delinquency cases are governed by W.S. 14-6-235. (1) The determination of a defendant's eligibility for appointed counsel is a judicial function. An attorney should be appointed at the earliest time after a defendant makes a request, but only after appropriate inquiry into the defendant's financial circumstances and a determination of eligibility. (2) A defendant requesting appointed counsel must submit a financial affidavit or provide sworn testimony on the record detailing income, expenses, assets and liabilities and may be required to update the affidavit or testimony from time to time. (3) The judicial officer shall advise any defendant who has requested appointed counsel that, to the extent of ability to do so, the defendant will be required to contribute to the cost of representation. At the time counsel is appointed, the judicial officer shall determine the defendant's ability to make monthly or other periodic payments and require the defendant to make such payments to the clerk of the court as a condition of the appointment. (4) If at any time after appointment it appears to a judicial officer that a defendant is financially able to make payment, in whole or in part, for legal services, the judicial officer shall require such payments or terminate the appointment. (5) A separate order of appointment shall be entered as part of the record by the court for each defendant. (6) After a hearing, a judicial officer may permit a defendant to withdraw a request for appointed counsel. (7) If appointed counsel obtains information that a client is financially able to make payment in whole or in part for legal services in connection with his or her representation and the source of the attorney's information is not protected as a privileged communication, counsel shall advise the court and ask that the person be required to contribute to the cost of representation or that the appointment be terminated. (8) Appointed counsel shall represent the defendant at every stage from initial appearance through appeal; however, the appellate section of the public defender's office may be substituted for trial counsel to handle an appeal. (d) Rules establishing standard of indigency. Rule 44(d) is adopted as required by W.S. 7-6-103(c). A person is entitled to the appointment of counsel if, at the time counsel is needed, the person is unable to provide for the full payment of an attorney and all other necessary expenses of representation. In making a determination of eligibility, the judicial officer shall consider: (1) The probable cost of representation given the number and severity of the offenses charged and the factual and legal complexity of the case. (2) The defendant's income from all sources and the defendant's capacity to earn income. (3) The expenses of the defendant's household and whether a spouse or roommate contributes or ought to contribute to those expenses. (4) The defendant's responsibility for the support of others. (5) The defendant's assets whether held individually or with others. (6) The defendant's debts and the periodic payments due on the debts. (7) The defendant's capacity to borrow money. Uncertainty as to a defendant's eligibility for appointed counsel should be resolved in the defendant's favor. An erroneous determination of eligibility may be corrected at any time.	All	Indigency - A person is entitled to the appointment of counsel if, at the time counsel is needed, the person is unable to provide for the full payment of an + See more attorney and all other necessary expenses of representation. In making a determination of eligibility, the judicial officer shall consider: (1) The probable cost of representation given the number and severity of the offenses charged and the factual and legal complexity of the case. (2) The defendant's income from all sources and the defendant's capacity to earn income. (3) The expenses of the defendant's household and whether a spouse or roommate contributes or ought to contribute to those expenses. (4) The defendant's responsibility for the support of others. (5) The defendant's assets whether held individually or with others. (6) The defendant's debts and the periodic payments due on the debts. (7) The defendant's capacity to borrow money.	At enforcement of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Counsel appointed

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