Ability to Pay

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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.

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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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 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

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the defendant, shall consider the defendant’s ability to pay.

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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

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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.

 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(j) Probation

(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear

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before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.

Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period.

 Misdemeanor, Felony

Not provided for.

 Before imposition of fine or fee Not provided for Administrative decision No

None

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