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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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
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form 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.
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
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§ 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.
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
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may 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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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