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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.
17 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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Iowa | Iowa Code § 910.7(1)-(2) | Petition for hearing |
1. At any time during the period of probation, parole, or incarceration, the offender or the office or individual who prepared the offender’s restitution plan may petition the court on any matter related to the plan of restitution or restitution plan of payment and the court shall grant a hearing if on the face of the petition it appears that a hearing is warranted.
2. After a petition has been filed, the court, at any time prior to the expiration of the offender’s sentence, provided the required notice has been given pursuant to subsection 3, may modify the plan of restitution or the restitution plan of payment, or both, and may extend the period of time for the completion of restitution. |
All |
N/A |
Not provided for | Not provided for | Determined by judge after hearing | No |
Modification of the restitution plan or payment plan |
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Iowa | Iowa Code § 909.7 | Ability to pay fine presumed. |
1. A defendant is presumed to be able to pay a fine. However, if the defendant proves to the satisfaction of the court that the defendant cannot pay the fine, the defendant shall not be sentenced to confinement for the failure to pay the fine.
2. A defendant who proves that the defendant cannot pay the fine may, at the discretion of the court, be ordered to perform community service pursuant to section 909.3A. |
All |
Not provided for |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No |
Community service instead of a fine (additionally, not being imprisoned for failure to pay) |
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Iowa | Iowa Code § 910.2(2)(a) | Restitution or community service |
When the offender is not reasonably able to pay all or a part of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, or medical assistance program restitution, the court may require the offender in lieu of that portion of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, or medical assistance program restitution for which the offender is not reasonably able to pay, to perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community.
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All | Not provided for | Not provided for | Not provided for | Determined by judge without hearing | No |
Perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community. |
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Iowa | Iowa Code § 692A.110(1) | Registration fees and civil penalty for offenders |
A sex offender shall pay an annual fee in the amount of twenty-five dollars to the sheriff of the county of principal residence, beginning with the first required in-person appearance at the sheriff’s office after July 1, 2009. If the sex offender has more than one principal residence in this state, the offender shall pay the annual fee in the county where the offender is first required to appear in person after July 1, 2009. The sheriff shall accept the registration. If, at the time of registration, the sex offender is unable to pay the fee, the sheriff may allow the offender time to pay the fee, permit the payment of the fee in installments, or may waive payment of the fee.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Waive payment, allow for payment in installments, or give more time to pay. |
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Iowa | Iowa Code § 321J.2(3)(c)(2) | Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI) |
As an alternative to a portion or all of the fine, the court may order the person to perform unpaid community service. However, the court shall not order the person to perform unpaid community service in lieu of a civil penalty or victim restitution. Surcharges and fees shall also be assessed pursuant to chapter 911.
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All |
N/A |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Community service |
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Iowa | Iowa Code § 905.14(3) | Fees for probation and parole |
The department of corrections may adopt rules for the administration of this section. If adopted, the rules shall include a provision for waiving the collection of fees for persons determined to be unable to pay.
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All |
Not provided for |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Waiving the fee at enforcement. |
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Iowa | Iowa Code § 815.9(1) | Indigency determined — penalty |
1. For purposes of this chapter, chapters 13B, 229A, 232, 665, 812, 814, and 822, and section 811.1A, and the rules of criminal procedure, a person is indigent if the person is entitled to an attorney appointed by the court as follows:
a. A person is entitled to an attorney appointed by the court to represent the person if the person has an income level at or below one hundred twenty-five percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services, unless the court determines that the person is able to pay for the cost of an attorney to represent the person on the pending case. In making the determination of a person’s ability to pay for the cost of an attorney, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case. b. A person with an income level greater than one hundred twenty-five percent, but at or below two hundred percent, of the most recently revised poverty income guidelines published by the United States department of health and human services shall not be entitled to an attorney appointed by the court, unless the court makes a written finding that not appointing counsel on the pending case would cause the person substantial hardship. In determining whether substantial hardship would result, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case. c. A person with an income level greater than two hundred percent of the most recently revised poverty income guidelines published by the United States department of health and human services shall not be entitled to an attorney appointed by the court, unless the person is charged with a felony and the court makes a written finding that not appointing counsel would cause the person substantial hardship. In determining whether substantial hardship would result, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case. |
All |
Indigent - person has an income level at or below one hundred twenty-five percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services.
Ability to pay - the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the seriousness of the charge or nature of the case. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Entitled to a court-appointed attorney. |
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Iowa | Iowa Code § 815.14 | Fee for public defender |
The expense of the public defender required to be reimbursed is subject to a determination of the extent to which the person is reasonably able to pay, as provided for in section 815.9 and chapter 910.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | No |
Not provided for |
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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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