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	Massachusetts	Mass. Gen. Laws ch. 258B, § 8	Assessments imposed by court	If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial + See more hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship.	All	severe financial hardship	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	waive the fee or structure a payment plan; community service in lieu of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 279, § 1	Suspension of execution; payment of fine; probation; revocation of suspension; exceptions	When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he + See more be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	The execution of the sentence, or part of the sentence, may be suspended and the court may in its discretion place the person on probation.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment + See more of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	Payment would impose an undue financial hardship on defendant or his family.	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Remission from any payment of restitution or modify the amount, time or method of payment;
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Motor vehicle insurance policies; penalty for fraudulent claims	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	N/A	At enforcement of fine or fee	Not provided for	Not provided for	No	May modify the amount, time or method of payment, but may not grant complete remission.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 127, § 145(a)-(b),(d),(f)	Discharge of Poor Prisoners Held for Nonpayment of Fines.	(a) A court shall not commit a person to a correctional facility solely for non-payment of money owed if such person has established, by a preponderance of the evidence, that the + See more person is unable to pay the fine without causing substantial financial hardship to the person or their immediate family or dependents. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing and, in making such determination, shall consider the person’s employment status, income, financial resources, living expenses, number of dependents and any special circumstances that may affect a person’s ability to pay. (b) A court shall not commit a person to a correctional facility for non-payment of money owed if such a person is not represented by counsel for the commitment proceeding, unless such person has waived counsel. A person deemed indigent for the purpose of being offered counsel and who is assigned counsel for the commitment portion of a proceeding solely for the nonpayment of money owed shall not be assessed a fee for such counsel. (d) If a court determines that the payment of a fine would cause a substantial financial hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service. (f) A person confined to a correctional facility for non-payment of money owed may petition the court for discharge from the correctional facility for an inability to pay the money owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the court determines that the person is not able to pay the money owed without causing a substantial financial hardship to the person, or the person’s immediate family or dependents, the court shall discharge the person from the correctional facility. No filing fee shall be charged for the filing of the petition.	All	Substantial financial hardship to the person or their immediate family or dependents; indigdent;	At enforcement of fine or fee	Not provided for	Not provided for	No	Discharge from jail when confined for nonpayment of fine; alternative to a fine or sentence to a correctional facility including, without limitation, community service; not assessed a fee for counsel.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. + See more Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.	Felony	A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents	At defendant's request at enforcement	Not provided for	Determined by judge without hearing	No	Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made + See more a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.	All	N/A	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 29	Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants.	Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment + See more of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.	Felony	A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents	At defendant's request at enforcement	Not provided for	Not provided for	No	Court may modify amount, time or method of payment but not grant complete remission.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	A person found guilty of violating this section shall, in addition to any other punishment, be ordered to make restitution to the insurer or owner for any financial loss sustained + See more as a result of the commission of the crime except as hereinafter provided. Restitution shall be imposed in addition to incarceration or fine. If the defendant is indigent or if the court finds that ordering such restitution would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may determine that the interests of the victim and of justice would not be served by ordering such restitution. In such case, the court shall make specific written findings of the evidence presented which militated against the imposition of restitution.	All	Indigent; a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents	Before imposition of fine or fee	Not provided for	Not provided for	No	Restitution not ordered.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment + See more of restitution due will impose a substantial financial hardship on the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the time and method of payment.	All	Not provided for	At defendant's request at enforcement	Not provided for	Not provided for	No	May grant remission or modify time and method of payment.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made + See more a good faith effort to make restitution. If the defendant has made such good faith effort, the court may, upon motion of the defendant, modify the order requiring restitution by: (a) providing for additional time to make any payment in restitution; (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.	All	N/A	At defendant's request at enforcement	Not provided for	Determined by judge after hearing	No	Modify restitution order by providing for additional time to make any payment in restitution, reducing the amount of any payment in restitution or installment thereof, or granting a remission from + See more any payment of restitution or part thereof.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 30	Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees.	Notwithstanding any law, rule or regulation to the contrary, whenever a default warrant, issued in any jurisdiction in the commonwealth against any person, is recalled by a court, the court + See more shall assess a fee of fifty dollars against the person in payment of the costs of recalling the warrant, except that the court may waive the fee upon a finding of good cause or upon a finding that such a fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	All	A substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 209A, § 10	Assessments against persons referred to certified batterers' treatment program as condition of probation	The court shall impose an assessment of three hundred and fifty dollars against any person who has been referred to a certified batterers’ treatment program as a condition of probation. + See more Said assessment shall be in addition to the cost of the treatment program. In the discretion of the court, said assessment may be reduced or waived when the court finds that the person is indigent or that payment of the assessment would cause substantial financial hardship to the person or the person’s immediate family or the person’s dependents.	All	Indigent or substantial financial hardship to the person or the person’s immediate family or the person’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduced or waived
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 265, § 47	Probation of Sex Offenders; Geographic Exclusion Zones; GPS.	The fees incurred by installing, maintaining and operating the global positioning system device, or comparable device, shall be paid by the probationer. If the court finds that such fees would + See more cause a substantial financial hardship to the offender or the person’s immediate family or the person’s dependents, the court may waive such fees.	All	A substantial financial hardship to the offender or the person’s immediate family or the person’s dependents	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Fee waiver
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 87A	Participation in Rehabilitative Programs or Performance of Community Service Work.	The court shall not assess said monthly probation fee or said administrative probation fee upon any person placed on supervised probation or administrative supervised probation after release from prison or + See more a house of correction for said person’s first 6 months of such probation. Either or both of said fees shall be assessed after the first 6 months of such probation unless otherwise waived by the court pursuant to this section. The court may waive payment of either or both of said fees if it determines after a hearing that such payment would impose a substantial financial hardship on the person, the person’s immediate family or dependents. Following the hearing and upon a finding of hardship, the court may require any such person to perform unpaid community service work at a public or nonprofit agency or facility, monitored by the probation department, for not more than 4 hours per month in lieu of payment of a probation fee. A waiver shall be in effect only during the period of time that a person is unable to pay the monthly probation fee.	All	A substantial financial hardship on the person, the person’s immediate family or dependents	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Perform unpaid community service work at a public or nonprofit agency or facility, monitored by the probation department, for not more than 4 hours per month in lieu of payment + See more of a probation fee; waiver in effect only during the period of time that a person is unable to pay the monthly probation fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 87A	Participation in Rehabilitative Programs or Performance of Community Service Work.	The court shall also assess upon every person placed on supervised probation, including all persons placed on probation for offenses under section 24 of chapter 90, a monthly probationers’ victim services + See more surcharge, hereinafter referred to as “victim services surcharge”, in the amount of $5 per month. Said person shall pay said victim services surcharge once each month during such time as said person remains on supervised probation. The court shall assess upon every person placed on administrative supervised probation a monthly administrative probationer’s victim services surcharge, hereinafter referred to as “administrative victim services surcharge” in the amount of $5 per month. Said person shall pay said administrative victim services surcharge once each month during such time as said person remains on administrative supervised probation. Notwithstanding the foregoing, said fees shall not be assessed upon any person accused or convicted of a violation of section 1 or 15 of chapter 273, where compliance with an order of support for a spouse or minor child is a condition of probation. The court may waive payment of either or both of said fees if it has determined, after a hearing, that the payment would impose a substantial financial hardship on the person, the person’s immediate family or dependents. A waiver shall be in effect only during the period of time that the person is unable to pay the monthly probation fee.	All	Substantial financial hardship on the person, the person’s immediate family or dependents	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	No	Waiver in effect only during the period of time that the person is unable to pay the monthly probation fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 280, § 6A	Special Cost Assessments.	When a fine is suspended, in whole or in part, the special cost assessment shall be computed on the fine remaining to be paid. The court or justice may waive + See more all or any part of said cost assessment upon a finding that such payment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	All	A substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive all or part of fee
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 280, § 6B	Assessment — Certain Crimes Relating to Controlled Substances.	The court shall impose an assessment of not less than thirty–five dollars nor more than one hundred dollars against any person who has attained the age of 18 years and + See more who is convicted of a misdemeanor or against whom a finding of sufficient facts for a conviction is made on a complaint charging a misdemeanor under sections thirty–two C, thirty–two D, and thirty–two G and thirty–five of chapter ninety–four C. The court shall impose an assessment of not less than one hundred and fifty dollars nor more than five hundred dollars against any person who is convicted of a felony or against whom a finding of sufficient facts for a conviction is made on a complaint charging a felony under sections thirty–two, thirty–two A, thirty–two B, thirty–two E, thirty–two F and thirty–four of chapter ninety–four C. When multiple criminal offenses arising from a single incident are charged, the total assessment shall not exceed five hundred dollars. The court or justice may waive all or any part of said assessment upon a finding that such payment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Misdemeanor	A substantial financial hardship to the person, the person’s immediate family or the person’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Reduced or waived
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 211D, § 2A(f)	Proof of Indigency Required.	Except for a person under 18 years of age, a person provided counsel under this chapter shall be assessed a counsel fee of $150, which the court may waive only + See more upon a determination from officer’s data verification process that the person is unable to pay such $150 within 180 days. If, upon the biannual reassessment of the person’s indigency, the court concludes that the person is able to pay the $150 counsel fee of which the person obtained a waiver, the court shall revoke the waiver and reimpose the $150 counsel fee. The fee shall be in addition to any reduced fee required pursuant to section 2.	All	Not provided for	Not provided for	Not provided for	Not provided for	No	Fee waiver
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 31	Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office.	Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the + See more court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Fee waiver

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