Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

Ability to Pay

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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
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 54-74.	Remission of fine.	Any judge of the Superior Court may remit any fine, if in his judgment such course will tend to the reformation of offenders or the furtherance of the ends of + See more justice.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	No	Remission of fine
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 54-147	Rules for payment of expenses. Waiver of fee or cost.	(a) The judges of the Superior Court may establish rules, in addition to those established by statute, for the payment of the expenses of all criminal proceedings or prosecutions, except + See more such expenses as are incurred by the Division of Criminal Justice.(b) No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.	All	"good cause shown" to waive fees	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	waiver of fee or cost
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 54-56i(i)	Pretrial drug education and community service program (program reinstatement fees)	. . . Unless good cause is shown, such program fee shall not be waived.	All	"good cause"	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	waiver of fees
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 54-56g(e)	Pretrial alcohol education program (reinstatement fees)	. . . Unless good cause is shown, such fees shall not be waived.	All	"good cause"	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	waiver of fees
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 54-147	Rules for payment of expenses. Waiver of fee or cost.	(b) No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or + See more prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.	All	"good cause"	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	No	waiver of fees
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.408(f)	Use of Ignition Interlock Device	If the court determines the defendant is unable to pay for the ignition interlock device, the court may impose a reasonable payment schedule not to exceed twice the length of + See more the period of the court’s order.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	No	Reasonable payment schedule
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 102.020(j)	Costs Related to DNA Testing [Repealed Effective January 1, 2020]	The court may waive the imposition of a court cost under this article if the court determines that the defendant is indigent and unable to pay the cost.	All	Indigent and unable to pay the cost	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 102.018(b)	Reimbursement Fees and Expenses Attendant to Intoxication Convictions	Except as provided by Subsection (d), on conviction of an offense relating to the driving or operating of a motor vehicle punishable under Section 49.04(b), Penal Code, the court shall impose + See more as a reimbursement fee on the defendant an amount that is equal to the reimbursement fee of an evaluation of the defendant performed under Article 42A.402(a). Reimbursement fees imposed under this subsection are in addition to other court costs and are due whether or not the defendant is granted community supervision in the case, except that if the court determines that the defendant is indigent and unable to pay the fee, the court may waive the imposition of the fee	All	Indigent	Before imposition of fine or fee	Not provided for	Not provided for	No	Fee waiver
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. art. 42.038(c)-(d)	Reimbursement for Confinement Expenses	(c) A judge may not require reimbursement under this article if the judge determines the defendant is indigent based on the defendant’s sworn statement or affidavit filed with the court. + See more A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of conviction or on which a plea of guilty or nolo contendere was entered. The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or nolo contendere was entered. (d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant’s employment status, earning ability, and financial resources; and (2) any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.	Misdemeanor	The defendant’s employment status, earning ability, and financial resources; and any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial + See more responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	May not require reimbursement.
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.652(b)	Monthly Reimbursement Fee	The judge may make payment of the monthly reimbursement fee a condition of granting or continuing the community supervision. The judge may waive or reduce the reimbursement fee or suspend + See more a monthly payment of the fee if the judge determines that payment of the reimbursement fee would cause the defendant a significant financial hardship.	All	"significant financial hardship"	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Waive or reduce the reimbursement fee or suspend a monthly payment of the fee
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42.037(h)	Restitution	(h) If a defendant is placed on community supervision or is paroled or released on mandatory supervision, the court or the parole panel shall order the payment of restitution ordered + See more under this article as a condition of community supervision, parole, or mandatory supervision. The court may revoke community supervision and the parole panel may revoke parole or mandatory supervision if the defendant fails to comply with the order. In determining whether to revoke community supervision, parole, or mandatory supervision, the court or parole panel shall consider: (1) the defendant’s employment status; (2) the defendant’s current and future earning ability; (3) the defendant’s current and future financial resources; (4) the willfulness of the defendant’s failure to pay; (5) any other special circumstances that may affect the defendant’s ability to pay; and (6) the victim’s financial resources or ability to pay expenses incurred by the victim as a result of the offense.	All	Consideration of the defendant’s employment status; the defendant’s current and future earning ability; the defendant’s current and future financial resources; the willfulness of the defendant’s failure to pay; any other special + See more circumstances that may affect the defendant’s ability to pay; and the victim’s financial resources or ability to pay expenses incurred by the victim as a result of the offense.	At enforcement of fine or fee	Not provided for	Not provided for	No	Will not revoke community supervision, parole, or mandatory supervision for failure to pay restitution as a condition.
Add to Dashboard + Create New	Texas	Fines and Costs(a-1),(c)	Tex. Code Crim. Proc. Art. 42.15	(a-1) [2 Versions: As added by Acts 2017, 85th Leg., ch. 1127] Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in + See more which the defendant entered a plea in open court as provided by Article 27.13, 27.14(a), or 27.16(a), a court shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the court shall determine whether the fine and costs should be: (1) subject to Subsection (c), required to be paid at some later date or in a specified portion at designated intervals; (2) discharged by performing community service under, as applicable, Article 43.09(f), Article 45.049, Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011; (3) waived in full or in part under Article 43.091 or 45.0491; or (4) satisfied through any combination of methods under Subdivisions (1)—(3). (c) When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals.	All	Sufficient resources or income to immediately pay all or part of the fine and costs	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Court may order payment (1) at some later date or in a specified portion at designated intervals, (2) discharged by performing community service, (3) waived in full or in part, or + See more (4) satisfied through any combination of methods (case in which the defendant entered a plea); pay the fine and costs in specified portions at designated intervals (misdemeanor).
Add to Dashboard + Create New	Texas	Tex. Gov't. Code § 76.017(e)	Treatment Alternative to Incarceration Program	(e) A department may contract for the provision of treatment services. The department may pay for services only if other adequate public or private sources of payment are not available. + See more A person is responsible for the payment of any treatment program recommended under this section if it is determined that a person referred for treatment is able to pay for the costs of treatment or if the person has insurance that will pay for the treatment. If a person is able to pay for treatment or if the person has insurance that will pay for the treatment, the payment may be made a condition for receiving treatment.	All	Not provided for	At enforcement of fine or fee	Not provided for	Administrative decision	No	Not responsible for treatment program costs.
Add to Dashboard + Create New	Texas	Tex. Gov't. Code § 79.034(a)(4)	Policies and Standards	(a) The commission shall develop policies and standards for providing legal representation and other defense services to indigent defendants at trial, on appeal, and in postconviction proceedings. The policies and + See more standards may include: (4) standards for determining whether a person accused of a crime or juvenile offense is indigent;	All	Indigent	Not provided for	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Texas	Tex. Gov't. Code § 103.021(3-a)	Additional Fees and Costs in Criminal or Civil Cases: Code of Criminal Procedure	An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the + See more court or otherwise required: (3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) ... actual costs, subject to a determination of indigency;	All	Indigent	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Texas	Tex. Code Crim. Proc. Art. 42A.655	Ability to Pay	The court shall consider the defendant's ability to pay before ordering the defendant to make any payments under this chapter.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Not provided for

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