50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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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.
25 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 Hampshire | N.H. Rev. Stat. Ann. § 631:2-b(V) | Domestic Violence |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Deferred payment; payment plan. |
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New Hampshire | N.H. Rev. Stat. Ann. § 651-D:2(V) | Post-Conviction DNA Testing of Biological Material |
The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The court may appoint counsel for an indigent petitioner under this section.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Payment by the state |
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New Hampshire | N.H. R. Crim. P. 29(e)(1) | Sentencing Procedures |
(1) Fines, restitution or penalty assessments (hereinafter collectively referred to as "assessments") imposed by the court shall be due and payable on the date the sentence is imposed. Where a defendant indicates an inability to pay forthwith, the defendant shall complete an affidavit of resources, under oath, prior to leaving the courthouse. The court will then determine whether the defendant has the financial ability to pay the assessment.
(2) The determination of a defendant's financial ability to pay the assessment shall be made by comparing the defendant's assets and income with the amount of the assessment. The defendant's assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendant's anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. As a court may do when considering an obligor's ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendant's ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations. (3) In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. A community service plan approved under this paragraph shall take into account the defendant's circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation. |
All |
Comparison of the defendant's assets and income with the amount of the assessment. |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Defer or suspend payment of all or part of the assessment or order periodic payment; or allow the defendant to perform community service. |
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New Hampshire | N.H. Rev. Stat. § 618:10 | Petition for Discharge |
Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner or the superintendent and satisfactory proof of such inability, may order the prisoner to be discharged upon such terms as they may think proper.
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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 |
Discharge from prison. |
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New Hampshire | N.H. Rev. Stat. § 604-A:2-a | Additional Inquiry |
Whenever a court appoints counsel pursuant to the provisions of RSA 604-A:2, the court shall conduct an appropriate inquiry as to whether any person who, pursuant to RSA 546-A:2, is liable for the support of the defendant is financially able to pay for such defendant's counsel. If the court determines that the person liable for support is financially able to pay for said counsel, in whole or in part, the court shall enter an appropriate order requiring said person to reimburse the state for the representation provided; provided, however, that a child shall not be required to reimburse the state for representation provided to his mother or father, a parent shall not be required to reimburse the state for representation provided to a child 18 years of age or older, and any person who was a victim of the crime with which the defendant has been charged shall not be required to reimburse the state for the representation provided. For the purposes of this section, the inquiry conducted by the court shall include notice and hearing to the person liable for support.
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All |
N/A |
Before imposition of fine or fee | Not provided for | Not provided for | No |
N/A |
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New Hampshire | N.H. Rev. Stat. Ann. § 631:2-b(V) | Domestic Violence |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment and shall not be subject to the provisions of RSA 618:8 or 618:9. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 504-A:13(I) | Supervision and Service Charges |
The court shall establish a supervision fee for probationers, and the parole board shall establish a supervision fee for parolees. The fee shall not be less than $40 a month, unless waived in whole or in part by the court, board or commissioner, and may be any greater amount as established by the court or board. This fee shall be considered a condition of release, and failure to satisfy this obligation shall be grounds for a violation hearing, unless the probationer or parolee has been found to be indigent and, for that reason, unable to pay the fee.
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All |
Indigent |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Parole/probation not revoked for nonpayment. |
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New Hampshire | N.H. Rev. Stat. Ann. § 632-A:3(V)(b) | Felonious Sexual Assault |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “felonious sexual assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 631:2(III)(b) | Second Degree Assault |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “second degree assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 633:1(III)(b) | Kidnapping |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “kidnapping-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 631:3(IV)(b) | Reckless Conduct |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “reckless conduct-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann § 632-A:2(V)(b) | Aggravated Felonious Sexual Assault |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “aggravated felonious sexual assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments |
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New Hampshire | N.H. Rev. Stat. Ann. § 632-A:4(IV)(b) | Sexual Assault |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “sexual assault-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments. |
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New Hampshire | N.H. Rev. Stat. Ann. § 633:3(VIII)(b) | Stalking |
In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as “stalking-domestic violence” under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Defer payment or order periodic payments.
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New Hampshire | N.H. Rev. Stat. Ann. § 651:2(V)(h) | Sentences and Limitations |
In cases of a person convicted of a felony or class A misdemeanor, a court may require such person to be screened and/or evaluated for risk of substance use disorders at an impaired driver care management program (IDCMP) approved by the department of health and human services, and to comply with the treatment plan developed by the IDCMP as established under RSA 265-A:40, if the evidence demonstrates that substances were a contributing factor in the commission of the offense and if such person has the ability to pay the fees for the program in full.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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New Hampshire | N.H. Rev. Stat. Ann. § 651:5(X)(d) | Annulment of Criminal Records |
Upon payment of a fee not to exceed $100 to the state police, and subject to the provisions of subparagraph XI(b), the state police criminal records unit shall remove the annulled criminal record and inform all appropriate state and federal agencies of the annulment, unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The state police shall grant the fee waiver request where the petitioner demonstrates indigency by including with the fee waiver request an affidavit listing the petitioner's monthly net income and that of his or her spouse, and the assets of the petitioner and his or her spouse. The fee waiver request form used shall be substantially similar to the forms for waiver of fees and costs in the superior courts.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
Fee waiver |
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New Hampshire | N.H. Rev. Stat. Ann. § 651:66 | Revocation of Restitution |
The supervising agency, or the offender who has been sentenced to pay restitution and has not inexcusably defaulted in payment thereof, may at any time petition the court which sentenced him for a revocation of any unpaid portion of the restitution. If the court finds that the circumstances which warranted the imposition of the restitution have changed, or that it would otherwise be unjust to require payment, the court may revoke the unpaid portion of the restitution in whole or in part, or modify the time and method of payment.
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All |
Circumstances which warranted the imposition of the restitution have changed, or that it would otherwise be unjust to require payment. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Revoke the unpaid portion of the restitution in whole or in part, or modify the time and method of payment. |
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New Hampshire | N.H. Rev. Stat. Ann. § 622:55(IV)-(VI) | Cost of Care Reimbursement by Inmate |
IV. The department shall review each completed form and determine whether the estate of the inmate is sufficient to reimburse the state for all or part of the cost of care of the inmate. The department shall adopt policies and procedures by which such a determination shall be made. The attorney general or the department may also conduct independent investigations as appropriate to determine whether an inmate has sufficient estate to pay for all or part of the cost of care of such inmate.
V. If the attorney general determines that an inmate possesses a sufficient estate to reimburse the state for all or part of the cost of care of such inmate, the attorney general shall file a petition in superior court. The petition shall state that the person is an inmate, that the department has or shall incur cost of care for the inmate, and that the inmate has a sufficient estate to reimburse the state for all or part of the cost of care of such inmate. VII. If the inmate files an objection, the court shall determine at a hearing whether the department has or will incur the cost of care for the inmate. If the court determines that the inmate has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the inmate for the cost of care. The amount shall not be in excess of the per capita cost of maintaining inmates in the institution or facility in which the inmate is residing. The court shall order the inmate to pay such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime which shall take priority over any payments ordered pursuant to this section, and for the maintenance and support of an inmate's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the estate of the inmate. The court shall also consider the financial needs of the inmate for the 6-month period immediately following the inmate's release for the purpose of allowing the inmate to seek employment. |
All |
Sufficient estate to pay for all or part of the cost of care; |
At defendant's request before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
DOC incurs the cost of care for the inmate |
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New Hampshire | N.H. Rev. Stat. Ann. § 604-A:2(I) | Appointment of Counsel |
In every criminal case in which the defendant is charged with a felony or a class A misdemeanor and appears without counsel, the court before which he or she appears shall advise the defendant that he or she has a right to be represented by counsel and that counsel will be appointed to represent him or her if he or she is financially unable to obtain counsel. Unless the defendant waives the appointment of counsel, if the defendant indicates to the court that he or she is financially unable to obtain counsel, the court shall instruct the defendant to complete a financial affidavit in such form as designated by the unit of cost containment. If after review of the financial affidavit and application of the rules established pursuant to RSA 604-A:10, IV the court is satisfied that the defendant is financially unable to obtain counsel, the court shall appoint counsel to represent him or her
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All |
Financially unable to obtain counsel |
Not provided for | Not provided for | Determined by judge without hearing | No |
Appointed counsel |
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New Hampshire | N.H. Rev. Stat. Ann. § 604-B:2(I) | Representation of Indigent Defendants |
Notwithstanding any other provisions of law to the contrary, when the appointment of counsel is required: |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Appointed counsel |
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.