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
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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

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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;

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Not provided for

Not provided for Not provided for Determined by judge without hearing No

Fee waived

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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

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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.

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"Indigent or financially unable to pay"

Not provided for Not provided for Not provided for No

Waiver of fee

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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

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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.

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Not provided for

Not provided for Not provided for Administrative decision No

Not specified

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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

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the comprehensive sex offender presentence evaluation or treatment.

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Not provided for

Before imposition of fine or fee Not provided for Administrative decision No

N/A

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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

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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.

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Indigency

Not provided for Not provided for Not provided for No

N/A

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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

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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.

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Not provided for

Not provided for Not provided for Not provided for No

N/A

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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
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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

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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.

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"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

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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

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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.

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Pennsylvania 42 Pa. Stat. Ann. § 9730 Payment of Court Costs, Restitution, and Fines
If a defendant defaults in the payment of a fine, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge
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appointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay. . . If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.
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financial means to pay, taking account of financial resources and nature of burden

At enforcement of fine or fee Burden on defendant to show inability to pay Not provided for No

extension or acceleration of payment schedule; community service

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South Carolina S.C. Code Ann. § 23-3-540(K) Electronic monitoring; reporting damage to or removing monitoring device; penalty
(K) The person must be charged for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time
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the person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person.
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exceptional circumstances exist such that these payments cause a severe hardship to the person

Before imposition of fine or fee Not provided for Administrative decision No

waiver of all or part of fee

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South Carolina S.C. Code Ann. § 17-3-30(B) Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee
If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee
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is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation.
All Not provided for Before imposition of fine or fee Not provided for Not provided for No

fee waived or reduced

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South Carolina S.C. Code Ann. § 17-3-45(B) Affidavit of assets of persons seeking appointed counsel; application fee
If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced,
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the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate.
All Not provided for Before imposition of fine or fee Not provided for Not provided for No

fee waived or reduced

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South Carolina S.C. Code Ann. § 17-22-110 Fees for application and participation; waiver All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. All Not provided for Not provided for Not provided for Not provided for No

partial or total waiver of fees

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South Carolina S.C. Code Ann. § 17-25-322(B) Restitution to crime victim by person convicted of crime; hearing; determination of method, manner, and amount; entry of order
(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:(1) the financial resources of the defendant and the victim
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and the burden that the manner or method of restitution will impose upon the victim or the defendant; (2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; (3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment; (4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts; (5) the mental, physical, and financial well-being of the victim.
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financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant

Before imposition of fine or fee Not provided for Not provided for No

not specified