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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Tennessee Tenn. Code Ann. § 39-13-709(e) Sex Offender Conviction Tax
The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or
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financially unable to pay.
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No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Not provided for Burden on defendant to show inability to pay Determined by judge after hearing No

Reduction or waiver of the fee

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Tennessee Tenn. Code Ann. § 40-39-305(b) Sexual Offender Fee
The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or
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any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay.
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No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

Not provided for Burden on defendant to show inability to pay Determined by judge after hearing No

Reduction or waiver of the fee

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Tennessee Tenn. Code Ann. § 40-24-104 Nonpayment; Crimes and Offenses
(a) If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring
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into and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.(b) Whenever a court orders a defendant to pay a fine, imposed as a result of a traffic violation, in installment payments, the court shall revoke the defendant's privilege to operate a motor vehicle in this state upon the failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with the court order, the privilege shall remain so revoked until the total amount of the fine imposed is paid.
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No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

A reduction of a fine or any other alternative mechanism available to the court

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Tennessee Tenn. Code Ann. § 40-24-105(c) Stay of License Revocation
A person who is unable to pay any portion of assessed litigation taxes, court costs, and fines may apply one (1) time to the court having original jurisdiction over the
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offense for an order staying the revocation of the license issued under title 55. An order to stay the revocation of the license shall be granted if the court finds that the person would experience extreme hardship from the revocation of the license and that no other means of transportation are reasonably available to the person. Grounds for finding of extreme hardship are limited to travel necessary for:(i) Employment; or (ii) Serious illness of the person or an immediate family member. (B) The offender seeking a hardship exception shall make application to the court in the form of a sworn affidavit stating with particularity the grounds and circumstances of hardship. The court may enter a one-time stay for a period of not longer than one hundred and eighty (180) days. The court clerk shall promptly notify the commissioner of safety of the issuance or termination of any stay of revocation. The commissioner of safety shall not revoke any license under this subsection (b) while the stay is in effect. (4) A person who is unable to pay all of the assessed litigation taxes, court costs, and fines but is able to pay some of them on a monthly or weekly basis may apply to the court having original jurisdiction over the offense for an order setting up a payment plan for such taxes, costs and fines. If the person and court agree to such a weekly or monthly payment plan, the court shall so order and such order shall have the effect of staying the revocation of the license pursuant to this subsection (b). The order staying the revocation of license shall remain in effect for as long as the person is current and in compliance with the payment plan. If the person fails to make payments according to the plan for three (3) consecutive months without good cause, the court may revoke the order and notify the clerk. The court clerk shall promptly notify the commissioner of safety of the issuance or termination of any stay of revocation. The commissioner of safety shall not revoke pursuant to this subsection (b) while the stay is in effect. (5) The revocation provided in this subsection (b) is cumulative and does not limit or otherwise affect any license revocation pursuant to title 39, title 55, or any other law. (6) Nothing in this subsection (b) shall be construed to apply to any license issued pursuant to title 55, chapter 17. (c) The district attorney general or the county or municipal attorney, as applicable, may, in that person's discretion, and shall, upon order of the court, institute proceedings to collect the fine, costs and litigation taxes as a civil judgment..
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No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other

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mitigating and enhancing factors.

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

A stay rather than immediate suspension of license

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Utah Utah R. Crim. P. 15 Expert Witnesses
Upon showing that a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if
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he were called on behalf of the prosecution.
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unable to pay fees

Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

costs covered by state

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Utah Utah Code Ann. § 76-3-201.1 Collection of criminal judgments--reduce fines
When a defendant defaults in the payment of a criminal judgment account receivable or any installment of that receivable, the court, on motion of the prosecution, victim, or upon its
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own motion may: (a) order the defendant to appear and show cause why the default should not be treated as contempt of court; or (b) issue a warrant of arrest... (5) If it appears to the satisfaction of the court that the default is not contempt, the court may enter an order for any of the following or any combination of the following...(f) except as limited by Subsection (6) [restitution] ... reduce or revoke the unpaid amount of the criminal judgment account receivable
All Not provided for At enforcement of fine or fee Not provided for Not provided for No

reduction or revocation of fine

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Utah Utah Code Ann. § 77-32-202(2)(a) Procedure for determination of indigence--Standards
Any defendant claiming indigence who is charged with a crime the penalty of which is a class A misdemeanor or serious offense shall file with the court a fully complete
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affidavit verified by a notary or other person authorized by law to administer an oath and file a copy of that affidavit with the prosecuting entity. The affidavit shall contain the factual information required in this section and by the court. . . “Indigence” means that a person: (i) does not have sufficient income, assets, credit, or other means to provide for the payment of legal counsel and all other necessary expenses of representation without depriving that person or the family of that person of food, shelter, clothing, and other necessities; or (ii) has an income level at or below 150% of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services; and (iii) has not transferred or otherwise disposed of any assets since the commission of the offense with the intent of establishing eligibility for the appointment of counsel under this chapter.
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does not have sufficient income, assets, credit or other means to provide for payment of legal counsel and all other necessary expenses without depriving that person or the family of

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that person of basic necessities OR has income level at or below 150 percent of US poverty level and has not transferred or disposed of property since the commission of the offense

Not provided for Not provided for Not provided for No

cost of attorneys fees covered