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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.
19 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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Alabama | Ala.Code 1975 § 12-19-182(b) | Solicitor's fee |
The solicitor's fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or + See morecapias warrant of arrest. The solicitor's fee shall be in addition to and not in lieu of any other fees or costs. The solicitor's fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonable foreseeable future.
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All |
"capable of paying the fee within the reasonable foreseeable future." |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Alabama | Ala.Code 1975 § 12-23-18 | Alcohol and Drug Abuse Court Referral and Treatment Program: Waiver of fees |
Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Alabama | Ala.Code 1975 § 12-17-226.18 | Pretrial diversion program: payment of costs |
Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation, any fees or costs shall not be waived or remitted unless the defendant or party responsible for paying the fees proves to the reasonable satisfaction of the presiding or sentencing judge that the defendant or party is not capable of paying the fees or costs within the reasonably foreseeable future.
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All |
"capable of paying the fees or costs within the reasonably foreseeable future" |
Not provided for | Not provided for | Not provided for | No | Not provided for |
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Alabama | Al. R. Cr. P. 26.11(b) | Fines and Restitution: Imposition of Fine |
(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider:(1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
(d) If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution, at some later date, or in specified installments. (h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine.
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Alabama | Ala.Code 1975 § 12-17-226.8(c) | Pretrial diversion program: Assessment of administrative fee; indigence; use of funds. |
c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay pretrial diversion program fees. Fees established by this division may be waived or reduced for just cause, including indigency of the applicant.(2) If an offender, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the defendant or the party responsible for paying any fees or costs proves to the reasonable satisfaction of the judge presiding or sentencing judge that the defendant or party is not capable of paying the same within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender's indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.
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All | Not provided for | At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No | Not provided for |
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Alabama | Ala.Code 1975 § 15-12-25(a)(2) | Appointed counsel: Payment of fees by defendant. |
The court shall not order a defendant to pay the fees of court appointed counsel unless the defendant is or will be able to pay them. In determining the amount and method of payment of these fees, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the fees will impose. A defendant who has been ordered to pay the fees of court appointed counsel and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him or her for remission of the payment of these fees or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may remit all or part of the amount due in fees or modify the method of payment.
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All |
"manifest hardship" |
Before imposition of fine or fee | Not provided for | Not provided for | No |
The court may remit all or part of the amount due in fees or modify the method of payment. |
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Alabama | Ala. Code 1975 §15-18-68(a)(1) | Restitution to victims of crimes: Determination of amount |
(a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following: (1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant.
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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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Alabama | Ala. Code 1975 §15-27-12 | Expungement of records: Payment in full required |
No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.
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All |
Indigency |
Not provided for | Not provided for | Administrative decision | No |
Not provided for |
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Alabama | Ala. Code 1975 §15-27-4(a)-(b) | Expungement of records: Administrative filling fee. |
(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of three hundred dollars ($300) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter.
(b) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court may set forth a payment plan for the petitioner to satisfy the filing fee over a period of time, which shall be paid in full, prior to any order granting an expungement. |
All |
Indigent |
At defendant's request before imposition of fine or fee | Not provided for | Administrative decision | No |
Payment plan |
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Alabama | Al. R. Cr. P. 26.11(b), (g) | Fines and Restitution: Imposition of Fine and Inquiry into Defendant's Ability to Pay Fine or Restitution |
(b) If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider: (1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties.
(g) If a defendant fails to pay a fine or restitution as directed, the court may inquire and cause an investigation to be made into the defendant's financial, employment, and family standing, and the reasons for nonpayment of the fine and/or restitution, including whether nonpayment of the fine and/or restitution was contumacious or due to indigency.
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All |
Indigency, |
At enforcement of fine or fee | Not provided for | Not provided for | No |
(h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine.
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Kentucky | Ky. Rev. Stat. Ann. § 533.030(2)(l) | Conditions of probation and conditional discharge; restitution to victim |
(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant: (l) Submit to periodic testing for the use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court;
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All |
Not provided for |
Not provided for | Not provided for | Determined by judge without hearing | No |
Fee waived |
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Kentucky | Ky. Rev. Stat. Ann. § 24A.178(3) | Additional fee for sex crime, stalking, or related inchoate offenses |
The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.
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All |
"Indigent or financially unable to pay" |
Not provided for | Not provided for | Not provided for | No |
Waiver of fee |
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Kentucky | Ky. Rev. Stat. Ann. § 441.265(2)(b) | Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods |
(b) Rates charged may be adjusted in accordance with the fee and expense reimbursement policy based upon the ability of the prisoner confined to the jail to pay, giving consideration to any legal obligation of the prisoner to support a spouse, minor children, or other dependents. The prisoner's interest in any jointly owned property and the income, assets, earnings, or other property owned by the prisoner's spouse or family shall not be used to determine a prisoner's ability to pay.
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All |
Not provided for |
Not provided for | Not provided for | Administrative decision | No |
Not specified |
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Kentucky | Ky. Rev. Stat. Ann. § 532.454(5) | Persons prohibited from probation or postincarceration supervision; procedure when probation or postincarceration supervision not prohibited |
(5) The offender shall pay for any evaluation or treatment required pursuant to this section up to the offender's ability to pay but not more than the actual cost of the comprehensive sex offender presentence evaluation or treatment.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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Kentucky | Ky. Rev. Stat. Ann. § 532.354(1) | Copayment for medical treatment |
(1) A local government may require prisoners to make a reasonable copayment in advance of medical treatment received through a regional jail facility. No prisoner shall be denied medical treatment by reason of indigency, but a prisoner may be required to pay for medical treatment as part of any reimbursement order entered by the sentencing court.
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All |
Indigency |
Not provided for | Not provided for | Not provided for | No |
N/A |
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Kentucky | Ky. Rev. Stat. Ann. § 532.352 | Reimbursement for costs of incarceration |
(1) The sentencing court may order a person who is sentenced to a term of incarceration for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense to reimburse the state or local government for the costs of his incarceration. The reimbursements paid under this subsection shall be credited to the local government sinking fund.
(2) The sentencing court shall determine the amount of incarceration costs to be paid based on the following factors: (a) The actual per diem, per person, cost of incarceration; (b) The cost of medical services provided to a prisoner less any copayment paid by the prisoner; and (c) The prisoner's ability to pay all or part of his incarceration costs. |
All |
Not provided for |
Not provided for | Not provided for | Not provided for | No |
N/A |
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Kentucky | Ky. Rev. Stat. Ann. § 534.040 | Fines for misdemeanors and violations |
(4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31. |
Misdemeanor |
Indigent |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No | Not provided for |
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Kentucky | Ky. Rev. Stat. Ann. § 23A.205 | Court costs for criminal cases in Circuit Court; payment required; exceptions |
(1) Court costs for a criminal case in the Circuit Court shall be one hundred dollars ($100). case, shall be mandatory and shall not be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future.
(3) If the court finds that the defendant does not meet the standard articulated in subsection (2) of this section and that the defendant is nonetheless unable to pay the full amount of the court costs, fees, or fines at the time of sentencing, then the court may establish an installment payment plan in accordance with KRS 534.020. |
All |
"A poor person" as defined by statute. |
Not provided for | Not provided for | Not provided for | No |
Fee probation, suspension, proration, deduction, or other form of nonimposition |
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Kentucky | Ky. Rev. Stat. Ann. § 23A.208(3) | Additional fee for sex crime, stalking, or related inchoate offenses |
(3) The court may waive all or any portion of the fee required by this section if the court finds that a person subject to the surcharge is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only the portion of the surcharge that the court finds the person is financially unable to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Waive portion of surcharge. |
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