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127 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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Oklahoma | Okla. Stat. tit. 22, § 1355A | Application for representation by the System |
except that the court may, based upon the financial information submitted, defer all or part of the fee if the court determines that the person does not have the financial + See moreresources to pay the fee at time of application, to attach as a court fee upon conviction.
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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 |
Deferment of fee |
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Wisconsin | Wis. Stat. § 938.235(8)(b) | Compensation for guardian ad litem |
The court may order either or both of the parents of a juvenile for whom a guardian ad litem is appointed under this chapterto pay all or any part of + See morethe compensation of the guardian ad litem. Upon motion by the guardian ad litem, the court may order either or both of the parents of the juvenile to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If one or both of the parents are indigent or if the court determines that it would be unfair to a parent to require him or her to pay, the court may order the county of venue to pay the compensation and fees, in whole or in part. If the court orders the county of venue to pay, the court may also order either or both of the parents to reimburse the county, in whole or in part, for the payment.
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All |
Not specified. |
Not provided for | Not provided for | Determined by judge without hearing | No |
The court may order the county of venue to pay instead. |
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Wisconsin | Wis. Stat. § 814.29(1) | Security for costs, service and fees for indigents |
1) (a) Except as provided in sub. (1m), any person may commence, prosecute or defend any action or special proceeding in any court, or any writ of error or appeal + See moretherein, without beingrequired to give security for costs or to pay any service or fee, upon order of the court based on a finding that because of poverty the person is unable to pay the costs of the action or special proceeding, or any writ of error or appeal therein, or to give security for those costs.
(b) A person seeking an order under par. (a) shall file in the court an affidavit in the form prescribed by the judicial conference, setting forth briefly the nature of the cause, defense or appeal and facts demonstrating his or her poverty.
(c) The finding and order of the court under par. (a) shall be in the form prescribed by the judicial conference. The court may deny the request for an order if the court finds that the affidavit states no claim, defense or appeal upon which the court may grant relief.
(d) The court shall make a finding of poverty and issue an order
under par. (a) if the affidavit demonstrates any of the following:
1. That the person is a recipient of means?tested public assistance,
including aid to families with dependent children, relief
funded by a relief block grant under ch. 49, relief provided by
counties under s. 59.53 (21), medical assistance, supplemental
security income, food stamps or benefits received by veterans
under s. 45.40 (1m) or under 38 USC 501 to 562 [38 USC 1501
to 1562].
2. That the person is represented by an attorney through a
legal services program for indigent persons, including, without
limitation, those funded by the federal legal services corporation,
the state public defender or volunteer attorney programs based on
indigence.
3. That the person is otherwise unable, because of poverty, to
pay the costs of the action, proceeding or appeal or to give security
for those costs. In determining the persons ability under this subdivision
to pay or give security for fees and costs, the court shall
consider the persons household size, income, expenses, assets
and debts and the federal poverty guidelines under 42 USC 9902
(2).
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All |
In determining the persons ability under this subdivision and the federal poverty guidelines under 42 USC 9902
(2). |
Not provided for | Burden on defendant to show inability to pay | Determined by judge without hearing | No | Not provided for |
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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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Alaska | Alaska Stat. Ann. § 18.85.120 | Determination of Indigency; Repayment |
(a) The determination of a person's indigency shall be made by the court in which an action against the person is pending. The determination shall be made by the court and shall set out the basis for the finding that the person is indigent. (b) In determining whether a person is indigent and in determining the extent of the person's inability to pay, the court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents. Release on bail does not preclude a finding that a person is indigent. In each case, the person, subject to the penalties for perjury, shall certify under oath, and in writing or by other record, material factors relative to the person's financial resources and ability to pay that the court prescribes.
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All |
"The court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents." |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No | Not provided for |
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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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Colorado | Colo. Rev. Stat. §18-24-103(3) | Collection and Distribution of Funds - Child Abuse Investigation Surcharge Fund - Creation |
The court may waive all or any portion of the surcharge required by section 18-24-102 if the court finds that a person convicted of a crime against a child is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against a child is financially unable to pay.
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Felony, Misdemeanor | Not provided for | Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Waived by the Court (All or Portion Unable to Pay). |
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California | Cal. Health & Saf. Code § 11550(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. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Not provided for. |
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California | Cal. Pen. Code § 136.2(a)(1)(G)(i), (iv) | Kathy’s Law; Electronic monitoring of defendants accused of domestic violence; Payment for electronic monitoring |
(a)(1) Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders, including, but not limited to, the following:
(G)(i) An order protecting a victim or witness of violent crime from all contact by the defendant, or contact, with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. The court or its designee shall transmit orders made under this paragraph to law enforcement personnel within one business day of the issuance, modification, extension, or termination of the order, pursuant to subdivision (a) of Section 6380 of the Family Code. It is the responsibility of the court to transmit the modification, extension, or termination orders made under this paragraph to the same agency that entered the original protective order into the Domestic Violence Restraining Order System. (iv) A protective order issued under this subparagraph may require the defendant to be placed on electronic monitoring if the local government, with the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy to authorize electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order electronic monitoring to be paid for by the local government that adopted the policy to authorize electronic monitoring. The duration of electronic monitoring shall not exceed one year from the date the order is issued. At no time shall the electronic monitoring be in place if the protective order is not in place. |
Misdemeanor, Felony |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
The local government that adopted the policy to authorize electronica monitoring pays the fee. |
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California | Cal. Pen. Code § 136.2(i)(1), (3) | Kathy’s Law; Electronic monitoring of defendants accused of domestic violence; Payment for electronic monitoring |
(1) In all cases in which a criminal defendant has been convicted of a crime involving domestic violence as defined in Section 13700 or in Section 6211 of the Family Code, a violation of subdivision (a) of Section 236.1, Section 261, 261.5, 262, subdivision (a) of Section 266h, or subdivision (a) of Section 266i, a violation of Section 186.22, or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with a victim of the crime. The order may be valid for up to 10 years, as determined by the court. This protective order may be issued by the court regardless of whether the defendant is sentenced to the state prison or a county jail or subject to mandatory supervision, or whether imposition of sentence is suspended and the defendant is placed on probation. It is the intent of the Legislature in enacting this subdivision that the duration of any restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of a victim and his or her immediate family.
(3) An order under this subdivision may include provisions for electronic monitoring if the local government, upon receiving the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy authorizing electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order the electronic monitoring to be paid for by the local government that adopted the policy authorizing electronic monitoring. The duration of the electronic monitoring shall not exceed one year from the date the order is issued. |
Misdemeanor, Felony |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
The local government that adopted the policy authorizing electronic monitoring pays the fee. |
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California | Cal. Pen. Code § 294(b) | Restitution fine to be imposed on conviction of violation of specified offenses against children |
(b) Upon conviction of any person for a violation of Section 261, 264.1, 285, 286, 287, or 289 or former Section 288a, where the violation is with a minor under the age of 14 years, the court may, in addition to any other penalty or restitution fine imposed, order the defendant to pay a restitution fine based on the defendant’s ability to pay not to exceed five thousand dollars ($5,000), upon a felony conviction, or one thousand dollars ($1,000), upon a misdemeanor conviction, to be deposited in the Restitution Fund to be transferred to the county children’s trust fund for the purpose of child abuse prevention.
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Misdemeanor, Felony |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
None |
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California | Cal. Pen. Code § 594(d) | 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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Misdemeanor, Felony |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Parent pays fine or fine waived. |
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California | Cal. Pen. Code § 1001.15(a),(c) | Defendant accused of felony; Fee for application for diversion; Criminalistics laboratory |
(a) In addition to the fees authorized or required by other provisions of law, a judge may require the payment of an administrative fee, as part of an enrollment fee in a diversion program, by a defendant accused of a felony to cover the actual cost of any criminalistics laboratory analysis, the actual cost of processing a request or application for diversion, and the actual cost of supervising the divertee pursuant to Chapter 2.5 (commencing with Section 1000), not to exceed five hundred dollars ($500). The fee shall be payable at the time of enrollment in the diversion program. The court shall take into consideration the defendant’s ability to pay, and no defendant shall be denied diversion because of his or her inability to pay.
(c) In addition to the fees authorized or required by other provisions of law, a judge may require the payment of an administrative fee, as part of an enrollment fee in a diversion program, by a defendant accused of an act charged as, or reduced to, a misdemeanor to cover the actual cost of processing a request or application for diversion pursuant to Chapter 2.6 (commencing with Section 1000.6), the actual costs of reporting to the court on a defendant’s eligibility and suitability for diversion, the actual cost of supervising the divertee, and for the actual costs of performing any duties required pursuant to Section 1000.9, not to exceed three hundred dollars ($300). The fee shall be payable at the time of enrollment in the diversion program. The fee shall be determined on a sliding scale according to the defendant’s ability to pay, and no defendant shall be denied diversion because of his or her inability to pay. |
Misdemeanor, Felony | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
None |
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California | Cal. Pen. Code § 1001.16(a) | Defendant accused of misdemeanor; Fee for application for diversion; Criminalistics laboratory |
(a) In addition to the fees authorized or required by other provisions of law, a judge may require the payment of an administrative fee, as part of an enrollment fee in a diversion program, by a defendant accused of a misdemeanor to cover the actual cost of any criminalistics laboratory analysis in a case involving a violation of the California Uniform Controlled Substances Act under Division 10 (commencing with Section 11000) of the Health and Safety Code, the actual cost of processing a request or application for diversion, and the actual cost of supervising the divertee, not to exceed three hundred dollars ($300). The fee shall be payable at the time of enrollment in the diversion program. The court shall take into consideration the defendant’s ability to pay, and no defendant shall be denied diversion because of his or her inability to pay.
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Misdemeanor |
Not provided for. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
None |
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California | Cal. Pen. Code § 1001.90(d) | Diversion Restitution Fee: Imposition of fee; Amount |
(d) In setting the amount of the diversion restitution fee in excess of the one hundred dollar ($100) minimum, the court shall consider any relevant factors, including, but not limited to, the defendant’s ability 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, and the extent to which any other person suffered any losses as a result of 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 ability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating the lack of his or her ability to pay. Express findings by the court as to the factors bearing on the amount of the fee shall not be required. A separate hearing for the diversion restitution fee shall not be required.
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Misdemeanor, Felony |
A consideration of the defendant's future earning potential. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Fee may be set at a lower amount. |
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California | Cal. Pen. Code § 1203.41(d) | Withdrawal of guilty or nolo contendere plea after completion of sentence; Notice to defendant; Limitations; Applicability; Costs |
(d) A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the costs for services established pursuant to this subdivision.
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Misdemeanor, Felony |
Undue hardship. |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Reimbursment may not be ordered or may be reduced to a portion of the costs. |
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Florida | Fla. Stat. § 921.00241(3) | Prison diversion program |
(3) The court that sentences a defendant to a nonstate prison sanction pursuant to subsection (2) shall make written findings that the defendant meets the criteria in subsection (1); and the sentencing order must indicate that the offender was sentenced to the prison diversion program pursuant to subsection (2). The court may order the offender to pay all or a portion of the costs related to the prison diversion program if the court determines that the offender has the ability to pay.
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Misdemeanor, Felony |
Not provided for |
At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
None |
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Florida | Fla Stat. § 948.03(1)(g), (i)-(j) | Terms and conditions of probation |
(1) The court shall determine the terms and conditions of probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered standard conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall:
(g) Effective July 1, 1994, and applicable for offenses committed on or after that date, make payment of the debt due and owing to a county or municipal detention facility under s. 951.032 for medical care, treatment, hospitalization, or transportation received by the felony probationer while in that detention facility. The court, in determining whether to order such repayment and the amount of the repayment, shall consider the amount of the debt, whether there was any fault of the institution for the medical expenses incurred, the financial resources of the felony probationer, the present and potential future financial needs and earning ability of the probationer, and dependents, and other appropriate factors.
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Misdemeanor, Felony |
The financial resources of the felony probationer, the present and potential future financial needs and earning ability of the probationer, and dependents; change of circumstances. |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
None |
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