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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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Louisiana | LA RS §176 | Partial reimbursement by indigents |
A. To the extent that a person is financially able to provide for an attorney, other necessary services, and facilities of representation and court costs, the court shall order him + See moreto pay for these items. The court may order payment in installments, or in any manner which it believes reasonable and compatible with the defendant's financial ability.
B.(1) Payments so made shall be transmitted to and become a part of the indigent defender fund of the district in which the person is prosecuted.
(2) The district public defender, or service region, where applicable, shall have the authority to recoup funds expended under this Section through the refund offset provisions pursuant to R.S. 47:299.1 through 299.20.
C.(1) When an accused is initially determined to be indigent and appointed counsel but subsequently hires private counsel, the court shall conduct a contradictory hearing to determine the expenses of representing the accused incurred by the district office or the service region, where applicable. Upon determining the expenses incurred, the accused shall, within the discretion of the court, be liable to reimburse the district office or service region, where applicable, those expenses, upon a determination that the accused was in fact not initially indigent. A judgment for the amount owed may be recorded in the mortgage records in favor of the board for the payment of money against the accused and may be enforced as provided by law.
(2) All funds received by the district office shall be deposited into the judicial district indigent defender fund as provided for in R.S. 15:168.
(3) Failure of the accused to disclose the full amount involved in the hiring shall constitute grounds for contempt of court.
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When an accused is initially determined to be indigent and appointed counsel but subsequently hires private counsel, the court shall conduct a contradictory hearing to determine the expenses of representing the accused incurred by the district office or the service region, where applicable.
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Not provided for | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Louisiana | CCRP 890.2 A | Fines for individual defendants |
When a defendant has been convicted of a felony, and upon a determination that a defendant has the ability and resources available to pay an additional fine and that such + See morea fine would not unduly burden the defendant's dependents, the court may impose as an additional fine . . .
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if the fine would not 'unduly burden the defendant's dependents' |
Not provided for | Not provided for | Not provided for | No | Not provided for |
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Louisiana | CCRP 895.1 A(1) | Probation; restitution; judgment for restitution; fees | ..The restitution payment shall be made, in discretion of the court, either in a lump sum or in monthly installments based on the earning capacity and assets of the defendant | All |
based on the earning capacity and assets of the defendant' |
Not provided for | Not provided for | Not provided for | No |
Payment plan |
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Louisiana | CCRP 887.C | Defendant's liability for costs; suspension of costs; no advance costs |
...In the event the person is unable to pay the fine when assessed, the court may allow payment within certain time limits, based on the person's ability to pay such + See morecosts.
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All |
based on the person's ability to pay such costs' |
Not provided for | Not provided for | Not provided for | No |
deferred payment |
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Louisiana | CCRP 903.3(B) | Substance abuse treatment program; cost |
If the defendant does not have the financial resources to pay all the related costs of the probation program, the court may do either of the following:(1) To the + See moreextent practicable, arrange for the defendant to be assigned to a treatment program funded by the state or federal government.
(2) With the recommendation of the treatment program, order the defendant to perform supervised work for the benefit of the community in lieu of paying all or a part of the costs related to his treatment and supervision. The work shall be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of the state or a charitable organization that renders service to the community or its residents.
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If the defendant does not have the financial resources to pay all the related costs of the probation program' |
Not provided for | Not provided for | Not provided for | No |
Defendant assigned to treatment program funded by the government Or supervised work program |
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Louisiana | LA Rev Stat §13:1000.13.D | Twenty-Seventh Judicial District Court; additional warrant recall fees |
In the event that an individual is unable to pay the cost when assessed, the court may allow payment to be deferred within a certain time frame, based on the + See moreperson's ability to pay the costs.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
deferred payment |
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Louisiana | CCRP 883.2.D | Restitution to victim |
Notwithstanding any other provision of law to the contrary, if the defendant is found to be indigent and therefore unable to make restitution in full at the time of conviction, + See morethe court may order a periodic payment plan consistent with the person's financial ability.
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Indigency |
Not provided for | Not provided for | Not provided for | No |
Payment plan |
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Louisiana | LA Rev Stat § 15:708 | Labor by prisoners permitted; workday release program; indemnificaiton |
D.(1)(a) Whenever a person is convicted of a misdemeanor for violation of any state law or any parish or municipal ordinance and is sentenced to imprisonment, the sentencing court may + See moreorder the person so sentenced to report, during the term of imprisonment, to the sheriff to participate in a court-approved workday release program as established and administered by the sheriff.
(b) The person so sentenced shall pay the sum of fifty dollars to the sheriff to defray the cost of participation in the program. The payment of the costs shall be based upon the defendant's ability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No | Not provided for |
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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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