50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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- Alabama (10)
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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.
32 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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Colorado | Colo. Rev. Stat. § 16-18.5-106(1) | Restitution for Persons Sentenced to the Department of Corrections |
Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in section 16-18.5-104(3), for purposes of determining the defendant's ability to pay court ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section 16-18.5-110.
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Misdemeanor, Felony | Not provided for | Before imposition of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
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Colorado | Colo. Rev. Stat. §17-1-113(4)(d) | Medical Visits - Charge to Inmates - Legislative Declaration |
The specific services for which a copayment will be assessed, waived, or reduced, as well as the specific and exclusive bases upon which a copayment may be waived by department personnel, including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution.
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All |
"Including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate and the public health and safety needs of the institution." |
Not provided for | Not provided for | Administrative decision | No | Not provided for |
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Colorado | Colo. Rev. Stat. §18-13-122(3)(a);(4)(e) |
Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person - Illegal Possession of Marijuana Paraphernalia by an Underage Person - Definitions - Adolescent Substance Abuse Prevention + See moreand Treatment Fund - Legislative Declaration
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(3) (a) Except as described by section 18-1-711 and subsection (6) of this section, a person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense; (4) (e) A person convicted of a violation of this section is subject to an additional penalty surcharge of twenty-five dollars, which may be waived by the court upon a showing of indigency, that shall be transferred to the adolescent substance abuse prevention and treatment fund created pursuant to subsection (18) of this section.
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Misdemeanor |
"Indigency" |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
Waived by the Court. |
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Colorado | Colo. Rev. Stat. §18-1.3-702(2);(4) | Monetary Payments - Due Process Required |
When the court imposes a sentence, enters a judgment, or issues an order that obligates a defendant to pay any monetary amount, the court shall instruct the defendant as follows: (a) If at any time the defendant is unable to pay the monetary amount due, the defendant must contact the court's designated official or appear before the court to explain why he or she is unable to pay the monetary amount. (b) If the defendant lacks the present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents, the court shall not jail the defendant for failure to pay. (4) For purposes of this section, a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support.
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All |
"The present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents"; "A defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."
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At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No | Not provided for |
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Colorado | Colo. Rev. Stat. § 18-1.3-102(1) | Deferred Sentencing of Defendant |
(a) In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and his or her attorney of record and the district attorney, to continue the case for the purpose of entering judgment and sentence upon the plea of guilty for a period not to exceed four years for a felony or two years for a misdemeanor or petty offense or traffic offense. The period shall begin to run from the date that the court continues the case. (b) The period may be extended for an additional time: (I) Up to one hundred eighty-two days if the failure to pay restitution is the sole condition of supervision which has not been fulfilled, because of inability to pay, and the defendant has shown a future ability to pay. During such time, the court may place the defendant under the supervision of the probation department; or (II) Up to two years if the deferred judgment is for an offense listed in section 16-11.7-102(3), C.R.S., good cause is shown, and the district attorney and defendant consent to the extension.
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All | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Additional Time to Make Payment. |
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Colorado | Colo. Rev. Stat. §24-4.2-104(1)(a) | Surcharges Levied on Criminal Actions and Traffic Offenses |
(a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense; (II)(C)(c) All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent.
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All |
"Indigent" |
Not provided for | Not provided for | Not provided for | No |
Suspended or Waived by the Court. |
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Colorado | Colo. Rev. Stat. § 24-4.1-119(1);(1.5) | Costs and Surcharges Levied on Criminal Actions and Traffic Offenses |
(1) (a) Except as provided in paragraphs (c) and (d) of this subsection (1), a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to state statute; (1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.
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All |
"Indigent" |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Suspended or Waived by Judge. |
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Colorado | Colo. Rev. Stat. §16-10-109(2) | Trial by Jury for Petty Offenses |
A defendant charged with a petty offense shall be entitled to a jury trial if, within twenty-one days after entry of a plea, the defendant makes a request to the court for a jury trial, in writing, and tenders to the court a jury fee of twenty-five dollars unless the fee is waived by the judge because of the indigence of the defendant.
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Misdemeanor |
"Indigence" |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Waived by the Judge. |
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Colorado | Colo. Rev. Stat. § 16-11.7-105(1) | Sentencing of Sex Offenders - Treatment Based Upon Evaluation and Identification Required |
The offender shall pay for the treatment to the extent the offender is financially able to do so. |
All | Not provided for | Not provided for | Not provided for | Administrative decision | No | Not provided for |
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Colorado | Colo. Rev. Stat. § 16-22-108(7) | Registration - Procedure - Frequency - Place - Change of Address - Fee |
(a) A local law enforcement agency may establish a registration fee to be paid by persons registering and reregistering annually or quarterly with the local law enforcement agency pursuant to the provisions of this section. The amount of the fee shall reflect the actual direct costs incurred by the local law enforcement agency in implementing the provisions of this article but shall not exceed seventy-five dollars for the initial registration with the local law enforcement agency and twenty-five dollars for any subsequent annual or quarterly registration. (b) The local law enforcement agency may waive the fee for an indigent person. For all other persons, the local law enforcement agency may pursue payment of the fee through a civil collection process or any other lawful means if the person is unable to pay at the time of registration. A local law enforcement agency shall accept a timely registration in all circumstances even if the person is unable to pay the fee at the time of registration.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Administrative decision | No |
Law Enforcement May Pursue Payment of the Fee Through the Civil Collection Process or Any Other Lawful Means if the Person is Unable to Pay at the Time of Registration. |
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Colorado | Colo. Rev. Stat. §18-25-101(1);(4) | Restorative Justice Surcharge - Definitions |
(1) Each person who is convicted of a crime and each juvenile adjudicated of a crime shall be required to pay a ten-dollar surcharge to the clerk of the court for the judicial district in which the conviction occurs; (4) The court may waive all or any portion of the surcharge required by subsection (1) of this section if the court finds that a person or juvenile is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person or juvenile is financially unable to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Waived by the Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. §18-24-103(3) | Collection and Distribution of Funds - Child Abuse Investigation Surcharge Fund - Creation |
The court may waive all or any portion of the surcharge required by section 18-24-102 if the court finds that a person convicted of a crime against a child is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against a child is financially unable to pay.
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Felony, Misdemeanor | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Waived by the Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. §18-21-103(4) | Source of Revenues - Allocation of Moneys - Sex Offender Surcharge Fund - Creation |
The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a sex offense is indigent or financially unable to pay all or any portion of such surcharge. The court shall waive only that portion of the surcharge which the court has found that the person convicted of a sex offense is financially unable to pay.
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Felony, Misdemeanor | Not provided for | Not provided for | Not provided for | Not provided for | No |
Waived by the Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. §18-19-103(6) | Source of Revenues - Allocation of Money |
(a) The court may not waive any portion of the surcharge required by this section unless the court first finds that the drug offender is financially unable to pay any portion of said surcharge. (b) The finding required by paragraph (a) of this subsection (6) shall only be made after a hearing at which the drug offender shall have the burden of presenting clear and convincing evidence that he is financially unable to pay any portion of the surcharge. (c) The court shall waive only that portion of the surcharge which the court has found the drug offender is financially unable to pay.
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Felony |
"Offender shall have the burden of presenting clear and convincing evidence that he is financially unable to pay any portion of the surcharge." |
Not provided for | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Waived by Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. § 18-26-101(1);(3) | Statewide Discovery Sharing System Surcharge |
(1) Each person who is represented by private counsel or appears pro se and is convicted of a felony, misdemeanor, drug felony, or drug misdemeanor shall be required to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs; (3) The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a crime is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime is financially unable to pay.
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Felony, Misdemeanor |
"Indigent or financially unable to pay all or any portion of the surcharge" |
Not provided for | Not provided for | Not provided for | No |
Waived by Court (All or Portion Unable to Pay). |
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Colorado | Colo. Rev. Stat. § 17-10-103(2);(3) | Action for Reimbursement of Cost of Care |
(2) In an action filed pursuant to this article, the plaintiff seeking reimbursement for cost of care shall demonstrate that the offender substantially misrepresented such offender's financial status to the sentencing court or that such offender's financial circumstances have changed substantially after sentencing; (3) If, after a hearing, the court determines that the offender has sufficient assets to pay all or part of the cost of care, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances.
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All |
"Sufficient assets to pay all or part of the cost of care" |
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | No | Not provided for |
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Colorado | C.R.S. 16-18.5-104(1);(3) | Initial Collections Investigation - Payment Schedule |
(1) Orders for restitution shall be due and payable at the time that the order of conviction is entered. Unless the defendant is sentenced to the custody of the executive director of the department of corrections, if at the time that the court enters an order for restitution pursuant to section 18-1.3-603, C.R.S., the defendant alleges that he or she cannot pay the full amount of restitution, the court shall direct that the defendant report immediately to the collections investigator.... (3)(a) Upon referral of a defendant pursuant to subsection (2) of this section, the collections investigator shall conduct an investigation into the financial ability of the defendant to pay the restitution ordered by the court. Such investigation may consist of but is not limited to: (I) Submission of written financial affidavits or disclosures of the defendant's personal, household, and business income, assets, and liabilities; (II) Submission to an oral examination of the defendant's financial circumstances; (III) Submission of books, papers, documents, or other tangible things related to the defendant's financial circumstances including but not limited to: (A) Payroll stubs; (B) Financial institution account statements; (C) Stock certificates; (D) Deeds, titles, or other evidence of ownership; (E) State and federal tax records; and (F) Insurance policies and statements; (IV) Research and verification of all oral and written statements made by the defendant. (b) In the case of a juvenile defendant, the collections investigator may conduct the investigation into the juvenile's parents' or legal guardian's financial circumstances as well as the juvenile's. (c) For purposes of conducting the investigation required by this subsection (3), the collections investigator shall have access to data maintained by other state agencies including but not limited to wage data, employment data, and income tax data. The judicial department and any other departments are authorized to enter into agreements for the sharing of such data. (d) Notwithstanding the provisions of article 72 of title 24, C.R.S., documents and information obtained by the collections investigators pursuant to this subsection (3) shall not be public records, but shall be open to public inspection only upon an order of the court based on a finding of good cause. Documents and information obtained by the collection investigators may be made available to the victim and to any private collection agency or third party with whom the judicial department may contract for the collection of past due restitution. In addition, if any warrant is issued for the arrest of any defendant due to nonpayment of restitution, information concerning the defendant's address and place of employment may be shared with a criminal justice agency.
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All | Not provided for | At enforcement of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
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Colorado | C.R.S. 16-18.5-105 | Monitoring - Default - Penalties |
Whenever a defendant fails to make a payment of restitution within seven days after the date that the payment is due pursuant to a payment schedule established pursuant to this article, in addition to any other remedy, the collections investigator may: (a) Conduct an additional financial investigation of the defendant as described in section 16-18.5-104 (3).
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All | Not provided for | At enforcement of fine or fee | Burden on government to show ability to pay | Administrative decision | No | Not provided for |
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Colorado | C.R.S. 18-1.3-701(3);(4) | Judgment for Costs and Fines - Definitions |
(3) Where any person, association, or corporation is granted probation, the court shall order the offender to make 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 article, and for the maintenance and support of the offender's spouse, dependent children, or other persons having a legal right to support and maintenance from the estate of the offender. If the court determines that the offender 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 offender for the cost of care, which amount shall in no event be in excess of the per capita cost of supervising an offender on probation; (4) Where any person is sentenced to a term of imprisonment, whether to a county jail or the department of corrections, the court shall order such person to make 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 article, and for the maintenance and support of the inmate's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the offender's estate. The court shall also consider the financial needs of the offender for the six-month period immediately following the offender's release, for the purpose of allowing said offender to seek employment. If the court determines that the person 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 offender, which amount in no event shall be in excess of the per capita cost of maintaining prisoners in the institution or facility in which the offender has been residing prior to sentencing for the purpose of reimbursing the appropriate law enforcement agency and the per capita cost of maintaining prisoners in the department of corrections for the purpose of paying the cost of care after sentencing.
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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 |
"The court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances." |
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Colorado | C.R.S. 17-10-103 | Action for Reimbursement of Cost of Care |
(1) When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care. ... (3) If, after a hearing, the court determines that the offender has sufficient assets to pay all or part of the cost of care, the court shall order the offender to make 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 article, and for the maintenance and support of the offender's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the offender's estate. If the offender is confined to a local jail or a correctional facility or is under home detention, the court shall also consider the financial needs of the offender for the six-month period immediately following the offender's release, for the purpose of allowing the offender to seek employment. The court shall determine the amount which shall be paid by the offender for cost of care, which amount shall in no event be in excess of the per capita cost of maintaining prisoners in the local jail or a correctional facility, the per capita cost of maintaining an offender under home detention, the per capita cost of supervising an offender on probation, or the per capita cost of supervising an offender placed on parole, as the case may be.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
The Court Sets Payments Toward the Cost of Care as are Appropriate Under the Circumstances. |
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.