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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.
13 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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South Dakota | S.D. Codified Laws § 23A-3-28 | Service of motion -- Fee |
When a defendant or arrested person makes a motion under this section, the defendant or arrested person shall pay to the clerk of courts in the county where the motion is filed a fee equal to the filing fee for a civil action. If the defendant or arrested person establishes to the court’s satisfaction that the person is indigent and unable to pay the fee, the court may waive the filing fee.
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All |
Indigent |
Not provided for | Not provided for | Other | No |
Waive filing fee |
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South Dakota | S.D. Codified Laws § 24-2-28 | Liability of inmate for cost of confinement — Exception |
Each inmate under the jurisdiction of the Department of Corrections is liable for the cost of the inmate’s confinement which includes room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; and alcoholism treatment charges.
However, if the secretary of corrections determines after considering the net income, net worth, number of dependents, and any existing obligations of the inmate, that the inmate is unable to pay, the secretary may waive all or part of the payment for the costs of the inmate’s confinement. |
All |
Net income, net worth, number of dependents, and any existing obligations of the inmate. |
Not provided for | Not provided for | Other | No |
Waive all or part of costs for confinement |
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South Dakota | S.D. Codified Laws § 24-11-32.1 | Work release inmate — Restitution for prisoner maintenance cost |
The board of county commissioners may require by resolution that a sum not to exceed the average daily prisoner cost may be charged to work release inmates of county jails as restitution to be applied toward prisoner maintenance cost, including but not limited to, room and board. In instances of undue hardship, the commissioners may reduce or waive the charges.
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All |
Undue hardship |
Not provided for | Not provided for | Other | No |
Reduce or waive charges |
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South Dakota | S.D. Codified Laws § 24-11-45 | Prisoner liable for costs of confinement — Waiver |
A prisoner confined to any jail while serving a sentence is liable for the cost of the prisoner’s confinement including room and board charges; medical, dental, optometric, and psychiatric services charges; vocational education training; chemical dependency treatment charges; and transportation costs as set forth in subdivision 7-12-18(4), where transporting the prisoner is required. If, after considering the prisoner’s net income, net worth, number of dependents, and any existing obligations, the judge who sentenced the prisoner to jail determines that the prisoner is unable to pay the full amount at one time, the judge may allow the prisoner to set up a deferred payment plan for payment for the costs of the inmate’s confinement or waive all or part of the payment if the prisoner demonstrates an inability to pay.
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All |
Prisoner's net income, net worth, number of dependents, and any existing obligations |
Not provided for | Not provided for | Other | No |
Waive all or part of costs for confinement |
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South Dakota | S.D. Codified Laws § 16-2-29.2; S.D. Codified Laws § 16-2-29.3 | Waiver of filing fees and service costs--Motion to court; Waiver of filing fees--Affidavit of inability to pay |
29.2: A court may waive the payment of filing fees and service costs accruing by reason of a civil action or proceeding or any criminal proceeding on motion to the court upon the affidavit of the moving party and the entry of an order thereon.
29.3: The affidavit required by § 16-2-29.2 of the moving party shall state the moving party's inability to pay; the nature of the action, proceeding, or appeal; and a short concise statement of facts upon which the moving party believes he is entitled to redress. |
All |
N/A |
Not provided for | Burden on defendant to show inability to pay | Other | No |
Fee is waived. |
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South Dakota | S.D. Codified Laws § 23A-28-3 | Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole |
If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments. If the defendant is presently unable to make any restitution, but there is a reasonable possibility that the defendant may be able to do so at some time during the defendant's probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that no person suffered pecuniary damages as a result of the defendant's criminal activities, the defendant shall so state. If the defendant contests the amount of restitution recommended by the court services officer, the defendant is entitled to a hearing at which the court shall determine the amount. If the sentencing court orders the defendant to the state penitentiary and does not suspend the sentence, the court shall set forth in the judgment the names and specific amount of restitution owed each victim. The Department of Corrections shall establish the collection schedule for court-ordered restitution while the defendant is in the penitentiary and on parole. The Board of Pardons and Paroles shall require, as a condition of parole, that the defendant pay restitution ordered by the court.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | No |
Payment plan/delay start of payments until later date. |
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South Dakota | S.D. Codified Laws § 16-2-42 | Waiver of surcharge--Conditions |
The surcharge provided for in § 16-2-39 may be waived in the manner provided for in §§ 16-2-29.2 to 16-2-29.4, inclusive. If a fine is suspended in whole or in part, the surcharge provided for in § 16-2-41 may not be reduced. However, the judge may waive all or any part of the payment of the surcharge which would work a hardship on the person convicted or on his immediate family.
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All |
Hardship on the person convicted or on his immediate family |
Not provided for | Not provided for | Other | No |
Fee is waived in amount determined. |
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South Dakota | S.D. Codified Laws § 23A-40-6 | Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required |
In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to revoke a parole, if it is satisfactorily shown that the defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation, the judge of the circuit court or the magistrate shall, upon the request of the defendant, assign, at any time following arrest or commencement of detention without formal charges, counsel for his representation, who shall appear for and defend the accused upon the charge against him, or take other proper legal action to protect the rights of the person detained without formal charge.
In each case, the indigent person, subject to the penalties for perjury, shall certify in writing or by other record such material factors relating to his ability to pay as the court prescribes. |
All |
Does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation; indigdent. |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
Assign counsel |
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South Dakota | S.D. Codified Laws § 223A-27-25.5 | Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served |
No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution.
Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute. If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence. The court shall make findings in its decision. |
All |
Did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution. |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Cannot be imprisoned for default on payment. |
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Virginia | Va. Code Ann. § 19.2-355 | Petition of defendant |
(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a + See moreform provided by the court, setting forth the financial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
permitting the payment of such fine and costs in installments or other conditions to be fixed by the court |
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Virginia | Va. Code Ann. § 19.2-358(C) | Show cause hearing on default |
B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of + See more§ 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts.
C. If it appears that the default is excusable under the standards set forth in subsection B hereof, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part |
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Virginia | Va. Code Ann. § 19.2-363 | Authority of Governor to grant relief from fines and penalties in case of deceased defendant |
provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor + See moremay remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children
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All |
would impose hardship upon the spouse or children |
At defendant's request at enforcement | Not provided for | Determined by judge after hearing | No |
remittance |
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Virginia | Va. Code Ann. § 18.2-271.1(B) | Waiver of fee - indigency | Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. | All |
Indigence |
Not provided for | Not provided for | Not provided for | No |
waiver of fee |
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