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.
49 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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California | Cal. Pen. Code § 1202.5(a) | Additional fine upon conviction of specified crimes; Disposition of proceeds |
(a) In any case in which a defendant is convicted of any of the offenses enumerated in Section 211, 215, 459, 470, 484, 487, subdivision (a) of Section 487a, or Section 488, or 594, the court shall order the defendant to pay a fine of ten dollars ($10) in addition to any other penalty or fine imposed. If the court determines that the defendant has the ability to pay all or part of the fine, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any other fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court my reduce fine |
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California | Cal. Rules of Court 4.335(c) | Ability to pay determinations for infraction offenses |
(1) The court, on request of a defendant, must consider the defendant’s ability to pay. (2) A defendant may request an ability-to-pay determination at adjudication, or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
3) The court must permit a defendant to make this request by written petition unless the court directs a court appearance. The request must include any information or documentation the defendant wishes the court to consider in connection with the determination. The judicial officer has the discretion to conduct the review on the written record or to order a hearing. |
Misdemeanor | Not provided for | Not provided for | Not provided for | Determined by judge without hearing | No |
Community service; payment plan; waiver or reduction of costs |
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California | Cal. Pen. Code § 273d(c)(3)(B) | Infliction of corporal punishment or injury on child resulting in traumatic condition; Enhancement; Conditions of probation |
(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.
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Felony |
NA |
Not provided for | Not provided for | Not provided for | No |
If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees. |
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California | Cal. Pen. Code § 1202.51 | Additional fine upon conviction of specified offenses |
In any case in which a defendant is convicted of any of the offenses enumerated in Section 372, 373a, 374.3, 374.4, 374.7, or 374.8, the court shall order the defendant to pay a fine of one hundred dollars ($100) if the conviction is for an infraction or two hundred dollars ($200) if the conviction is for a misdemeanor, in addition to any other penalty or fine imposed. If the court determines that the defendant has the ability to pay all or part of the fine, the court shall set the amount to be paid and order the defendant to pay that sum to the city or, if not within a city, the county, where the violation occurred, to be used for the city’s or county’s illegal dumping enforcement program. Notwithstanding any other provision of law, no state or county penalty, assessment, fee, or surcharge shall be imposed on the fine ordered under this section.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | No |
Court sets the fine according to ability to pay. |
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California | Cal. Gov. Code § 29550(f) | Criminal Justice Administrative Fees: Imposition of fee |
An administrative screening fee of twenty-five dollars ($25) shall be collected from each person arrested and released on his or her own recognizance upon conviction of any criminal offense related to the arrest other than an infraction. A citation processing fee in the amount of ten dollars ($10) shall be collected from each person cited and released by any peace officer in the field or at a jail facility upon conviction of any criminal offense, other than an infraction, related to the criminal offense cited in the notice to appear. However, the court may determine a lesser fee than otherwise provided in this subdivision upon a showing that the defendant is unable to pay the full amount. All fees collected pursuant to this subdivision shall be transmitted by the county auditor monthly to the Controller for deposit in the General Fund. This subdivision applies only to convictions occurring on or after the effective date of the act adding this subdivision and prior to June 30, 1996.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Lesser fee |
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California | Cal. Gov. Code § 70372(e) | Court construction penalty; Amount; Bail |
(e) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state court construction penalty, the payment of which would work a hardship on the person convicted or his or her immediate family.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court may waive or reduce fee |
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California | Cal. Welf. & Inst. Code § 376 | Juvenile Court Law - Dependent Children—Transfer of Cases Between Counties: Expense of transfer; Payment; Reimbursement |
The expense of the transfer and all expenses in connection with the transfer and for the support and maintenance of such person shall be paid from the county treasury of the court ordering the transfer until the receipt and filing of the finding and order of transfer in the juvenile court of the transferee county.The judge shall inquire into the financial condition of such person and of the parent, parents, guardian, or other person charged with his support and maintenance, and if he finds such person, parent, parents, guardian, or other person able, in whole or in part, to pay the expense of such transfer, he shall make a further order requiring such person, parent, parents, guardian, or other person to repay to the county such part, or all, of such expense of transfer as, in the opinion of the court, is proper. Such repayment shall be made to the probation officer who shall keep suitable accounts of such expenses and repayments and shall deposit all such collections in the county treasury.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court may waive or reduce fee |
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California | Cal. Pen. Code § 1203.1h(a) | Payment of medical examination for victim of child abuse or neglect |
(a) In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving child abuse or neglect, the court may require that the defendant pay to a law enforcement agency incurring the cost, the cost of any medical examinations conducted on the victim in order to determine the nature or extent of the abuse or neglect. If the court determines that the defendant has the ability to pay all or part of the medical examination costs, the court may set the amount to be reimbursed and order the defendant to pay that sum to the law enforcement agency in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court my reduce payment |
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California | Veh. Code § 42003(c) | Public Offense: Payment of fines; Consideration of defendant’s ability to pay |
In any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of this code, the court, upon request of the defendant, shall consider the defendant’s ability to pay.
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All |
Overall capability of the defendant to reimburse the costs, or a portion of the costs, of conducting the presentence investigation, preparing the presentence report, and probation, and includes, but is not limited to, all of the following regarding the defendant:(1) Present financial position. (2) Reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position. (3) Likelihood that the defendant will be able to obtain employment within the six-month period from the date of the hearing. (4) Any other factors that may bear upon the defendant’s financial capability to reimburse the county for the costs.
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At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
Court shall, if practicable, order payments to be made on a monthly basis. |
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California | Cal. Pen. Code § 1203.1h(b) | Payment of medical examination for victim of child abuse or neglect |
(b) In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving sexual assault or attempted sexual assault, including child molestation, the court may require that the defendant pay, to the law enforcement agency, county, or local governmental agency incurring the cost, the cost of any medical examinations conducted on the victim for the collection and preservation of evidence. If the court determines that the defendant has the ability to pay all or part of the cost of the medical examination, the court may set the amount to be reimbursed and order the defendant to pay that sum to the law enforcement agency, county, or local governmental agency, in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. In making the determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution. In no event shall a court penalize an indigent defendant by imposing an additional period of imprisonment in lieu of payment.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court my reduce payment |
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California | Cal. Pen. Code § 594(c) | Vandalism; Punishment |
(d) If a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine. A court may waive payment of the fine, or any part thereof, by the parent upon a finding of good cause.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court may waive the fee |
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California | Cal. Pen. Code § 1464(d) | Proceedings in Misdemeanor and Infraction Case: Penalty assessment; Distribution of funds |
(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Judge may waive some or all of penalty. |
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California | Cal. Pen. Code § 1203.1ab | Abstinence from use of controlled substances as condition of probation |
Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, in addition to any or all of the terms of imprisonment, fine, and other reasonable conditions specified in or permitted by Section 1203.1, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall require as a condition of probation that the defendant shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer. If the defendant is required to submit to testing and has the financial ability to pay all or part of the costs associated with that testing, the court shall order the defendant to pay a reasonable fee, which shall not exceed the actual cost of the testing.
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
Court my reduce payment |
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California | Cal. Pen. Code § 374.3(j) | Illegal dumping on roads, right-of-way, or private or public property; Use of own property; Mandatory fine; Removal of waste; Punishment for dumping in commercial quantities |
(j) Except in unusual cases where the interests of justice would be best served by waiving or reducing a fine, the minimum fines provided by this section shall not be waived or reduced.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | No |
Fine may be waived or reduced. |
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California | Cal. Pen. Code § 529.5(c) | Possession, manufacture, or sale of documents falsely purporting to be government identification |
(c) Any person who possesses a document described in subdivision (a) and who knows that the document is not a government-issued document is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than two thousand five hundred dollars ($2,500). The misdemeanor fine shall be imposed except in unusual cases where the interests of justice would be served. The court may allow an offender to work off the fine by doing community service. If community service work is not available, the misdemeanor shall be punishable by a fine of up to one thousand dollars ($1,000), based on the person’s ability to pay.
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Misdemeanor |
NA |
Not provided for | Not provided for | Not provided for | No |
reduced fine/community service |
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California | Cal. Pen. Code § 1202.4(c) | Restitution; Amount; Hearing and court order; Financial disclosure |
The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b).
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All |
NA |
Not provided for | Not provided for | Not provided for | No |
A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine
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California | Cal. Pen. Code § 1001.90(c) | Diversion Restitution Fee: Imposition of fee; Amount |
(c) The diversion restitution fee shall be ordered regardless of the defendant’s present ability to pay. However, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the fee. When the waiver is granted, the court shall state on the record all reasons supporting the waiver. Except as provided in this subdivision, the court shall impose the separate and additional diversion restitution fee required by this section.
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All |
NA |
Not provided for | Not provided for | Other | No |
Court may waive imposition of the fee. |
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California | Cal. Pen. Code § 1202.4(d) | Restitution; Amount; Hearing and court order; Financial disclosure |
(d) In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendant’s inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant’s inability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating his or her inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.
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All |
NA |
Not provided for | Burden on defendant to show inability to pay | Other | No |
NA |
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California | Cal. Gov. Code § 29550(d)(2) | Funds - Criminal Justice Administrative Fees: Imposition of fee |
The court shall, as a condition of probation, order the convicted person, based on his or her ability to pay, to reimburse the county for the criminal justice administration fee, including applicable overhead costs.
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Other | Not provided for | Not provided for | Not provided for | Not provided for | No | Not provided for |
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California | Cal. Health & Saf. Code § 11150(d) | Control of Users of Controlled Substances: Addicts |
(d) In addition to any fine assessed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and a defendant shall not be denied probation because of his or her inability to pay the fine permitted under this subdivision.
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Misdemeanor | Not provided for | Not provided for | Not provided for | Not provided for | No | Not provided for |
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.