50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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.
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See all ability to pay policy recommendations in CJPP’s Policy Guide
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- Alabama (10)
- Alaska (7)
- Arizona (5)
- Arkansas (2)
- California (41)
- Colorado (24)
- Connecticut (5)
- Delaware (3)
- Florida (26)
- Georgia (9)
- Hawaii (8)
- Idaho (13)
- Illinois (17)
- Indiana (6)
- Iowa (8)
- Kansas (3)
- Kentucky (9)
- Louisiana (8)
- Maine (6)
- Maryland (3)
- Massachusetts (23)
- Michigan (8)
- Minnesota (13)
- Mississippi (2)
- Missouri (10)
- Montana (8)
- Nebraska (10)
- Nevada (4)
- New Hampshire (20)
- (-) New Jersey (5)
- New Mexico (13)
- New York (3)
- North Carolina (14)
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- Ohio (27)
- Oklahoma (5)
- (-) Oregon (7)
- Pennsylvania (1)
- Rhode Island (2)
- South Carolina (5)
- South Dakota (9)
- Tennessee (4)
- Texas (11)
- Utah (3)
- Vermont (5)
- Virginia (4)
- Washington (12)
- Washington DC (2)
- West Virginia (5)
- Wisconsin (6)
- Wyoming (5)
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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.
12 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 | |
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New Jersey | N.J. Stat. Ann. § 2B:12-23.1 | Inability to pay fine in full on date of court hearing |
Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date + See moreof the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Community service, installment plan |
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New Jersey | N.J. Stat. Ann. § 2B:12-23.1 | Default of payment |
If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend + See morethe penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
(1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty
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New Jersey | N.J.Stat.Ann. § 2C:46-3 | Revocation of fine |
A defendant who has been sentenced to pay a fine may at any time petition the court which sentenced him for a revocation of the fine or of any unpaid + See moreportion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or the unpaid portion thereof in whole or in part.
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All |
"would be otherwise unjust to require payment" |
At defendant's request at enforcement | Not provided for | Not provided for | No |
revoke the fine in whole or in part |
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New Jersey | N.J. Stat. Ann. § 2C:43-13.8 (West) | Conditional dismissal assessment, restitution and other assessments |
A defendant may apply for a waiver of the fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey, or the court + See moremay permit the defendant to pay the conditional dismissal fee and other assessments in installments or may order other alternatives pursuant to section 1 of P.L.2009, c. 317 (C.2B:12-23.1).
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
waiver of fee, payment plan |
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New Jersey | N.J. Stat. Ann. § 2C:45-1 | Conditions of Suspension or Probation | This fee may be waived in cases of indigency upon application by the chief probation officer to the sentencing court. | All | Not provided for | Not provided for | Not provided for | Other | No |
waived |
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Oregon | Or. Rev. Stat. § 137.106(4)(a) | Restitution to victims; objections by defendant |
If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.
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All |
Not provided for |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Payment Plan |
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Oregon | Or. Rev. Stat. § 137.286(3) | Minimum fines for misdemeanors and felonies |
A court may waive payment of the minimum fine established by this section, in whole or in part, if the court finds that requiring payment of the minimum fine would be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider: (a) The financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and (b) The extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.
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Misdemeanor, Felony |
Inconsistent with justice in the case; the financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and the extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.
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Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Fine waiver in whole or in part. |
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Oregon | Or. Rev. Stat. § 161.665(4)-(5) | Costs |
(4) The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(5) A defendant who has been sentenced to pay costs under this section and who is not in contumacious default in the payment of costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may enter a supplemental judgment that remits all or part of the amount due in costs, or modifies the method of payment under ORS 161.675. |
All |
Financial resources of the defendant and the nature of the burden that payment of costs will impose; amount due will impose manifest hardship on the defendant or the immediate family of the defendant
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At defendant's request at enforcement | Not provided for | Determined by judge without hearing | No |
Cost not imposed; modifies method of payment or remission of payment. |
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Oregon | Or. Rev. Stat. § 151.505(3) | Authority of court to order repayment of costs related to provision of appointed counsel |
The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.
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All |
Financial resources of the person and the nature of the burden that payment of costs will impose |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Costs not imposed |
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Oregon | Or. Rev. Stat. § 423.570(6) | Monthly fee payable by person on supervised release; use; payment as condition of release; waiver |
In cases of financial hardship or when otherwise advisable in the interest of the released person's rehabilitation: (a) The community corrections manager may waive or reduce the amount of the fee. (b) The sentencing court may waive or reduce the amount of the fee for any person whom the court has sentenced to probation. If any of the fee requirement is reduced by the court, only the court may restore the requirement.
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All |
Financial hardship |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive or reduce amount of the fee |
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Oregon | Or. Rev. Stat. § 135.891(2) | Required and permissive elements of diversion agreement; program fee |
(2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive fee or provide for payment of the fee on an installment basis. |
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Oregon | Or. Rev. Stat. § 179.62 | Liability of person or estate for cost of care |
(1) A person and the personal estate of the person, or a decedent’s estate, is liable for the full cost of care. Full cost of care is established according to ORS 179.701.
(2) While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person’s ability to pay. Ability to pay is determined as provided in ORS 179.640. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Administrative decision | No | Not provided for |
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.