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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.
16 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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Delaware | 10 Del. C. §8603(a) | Nonpayment of Costs |
When a defendant who is required to pay the costs of defense defaults in the payment thereof or of any installment, the court on motion of the Attorney General or upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a rule or order to show cause why such default should not be treated as contempt of court, and may take such further actions as the court determines to produce the defendant before the court.
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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 without hearing | No |
Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part. |
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Delaware | 10 Del. C. §8603(d) | Nonpayment of Costs |
If it appears to the satisfaction of the court that the default in the payment of defense costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment, or revoking such payment or the unpaid portion thereof in whole or in part.
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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 without hearing | No |
Additional Time for Payment; Reducing Payment or Installment Amount; Revoking Payment in Whole or Unpaid Part. |
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Delaware | 10 Del. C. §8601(d) | Recoupment of Costs |
A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court for remission of the payment of such costs, 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 immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.
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All |
"Will impose manifest hardship on the defendant or immediate family." |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Remission of All or Part of Fee. |
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New Mexico | N.M. Stat. Ann. § 31-20-6 | Conditions of order deferring or suspending sentence |
The defendant upon conviction shall be required to pay the actual costs of the defendant’s supervised probation service to the adult probation and parole division of the corrections department or appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant’s payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant’s payment of the supervised probation costs and the defendant’s financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.
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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 |
Fee waiver |
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New Mexico | N.M. Stat. Ann. § 31-16-7 | Recovery from defendant |
A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under the Indigent Defense Act: (1) to which he was not entitled; (2) with respect to which he was not a needy person when he received it; or (3) with respect to which he has failed to make the certificate required by Section 62 B of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received.
B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by SMayubsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
May not recover payment or reimbursement. |
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New Mexico | N.M. Stat. Ann. § 31-12-3(D) | Paying fines, fees, or costs in installments |
If it appears that a defendant's default in the payment of a fine, fees or costs is not contumacious, the court may allow the defendant additional time for payment, reduce the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part or require the defendant to perform community service in lieu of the fine, fees or costs.
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All |
Default not "contumacious" |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Additional time for payment, reduce the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part, or require the defendant to perform community service in lieu payment.
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New Mexico | N.M. Stat. Ann. § 31-12-3(A) | Paying fines, fees, or costs in installments |
Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against him, either in addition to or without a term of imprisonment, may in the discretion of the court be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix. The defendant may also be required to serve a period of time in labor to be known as “community service” in lieu of all or part of the fine. If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well . . .
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Community service in lieu of payment. |
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New Mexico | N.M. Stat. Ann. § 31-15-12(C) | Explanation of rights; waiver of counsel; application fee; indigency determination |
A person shall pay a non-refundable application fee of ten dollars ($10.00) at the time the person applies with the public defender for representation. The fee shall be deposited in the public defender automation fund. The public defender shall determine if the person is indigent and unable to pay the fee, subject to review by the court. When the person remains in custody and is unable to pay the fee, the court may waive payment of the fee.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Other | No |
Fee waiver |
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New Mexico | N.M. Stat. Ann. § 30-18-1.2(C)-(D) | Disposition of seized animals |
C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner.
D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner’s ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges. |
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
N/A |
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New Mexico | N.M. Stat. Ann. § 31-1A-2(J) | Procedures for post-conviction consideration of DNA evidence; requirements |
The cost of DNA testing ordered pursuant to this section shall be borne by the state or the petitioner, as the district court may order in the interest of justice. Provided, that a petitioner shall not be denied DNA testing because of the petitioner's inability to pay for the cost of DNA testing.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Cost paid by state.
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New Mexico | N.M. Stat. Ann. § 31-17-1(B) | Victim restitution |
If the defendant is currently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation or parole period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that he will not be able to make any restitution, he shall so state and shall specify the reasons.
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All |
Unable to make restituion. |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
N/A |
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New Mexico | N.M. Stat. Ann. § 31-20-6 | Conditions of order deferring or suspending sentence |
The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence reasonable conditions as it may deem necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality . . . The defendant upon conviction shall be required to pay the actual costs of the defendant's supervised probation service to the adult probation and parole division of the corrections department or appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant's payment of the supervised probation costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver |
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New Mexico | N.M. Stat. Ann. § 31-21-10(G)(1) | Parole authority and procedure |
G. Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole: (1) to pay the actual costs of parole services to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Fee waiver |
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New Mexico | N.M. Stat. Ann. § 33-9-3 | Community corrections grant fund; established; co-payments |
A. There is created in the state treasury a special fund to be known as the “community corrections grant fund”. All money appropriated to the fund or accruing to it as a result of gift, deposit, investments or other sources shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Adult Community Corrections Act. The fund shall be for the purpose of providing programs and services for the diversion of criminal offenders to community-based settings.
B. The department shall require criminal offenders who participate in a program and who receive services to make a co-payment to offset the cost of the services. The amount of the co-payment shall be based upon the offender's ability to pay. The department shall collect the co-payments and on a monthly basis deliver them to the state treasurer for deposit in the community corrections grant fund. |
All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | No |
Copayment sent based on ability to pay. |
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New Mexico | N.M. Stat. Ann. § 35-5-8(A) | Magistrate court; indigency standard; fee schedule; reimbursement |
A. The magistrate court shall use a standard adopted by the public defender department to determine indigency of persons accused of crimes carrying a possible jail sentence. |
All |
Indigency |
Not provided for | Not provided for | Not provided for | No |
N/A |
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New Mexico | N.M. Stat. Ann. § 34-6-46(A) | District court; indigency standard; fee schedule; reimbursement |
The district court shall use a standard adopted by the public defender department to determine indigency of persons accused of crimes carrying a possible jail sentence. |
All |
Indigent |
Not provided for | Not provided for | Not provided for | No |
N/A |
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