Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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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.
24 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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Montana | Mont. Code Ann. § 45-6-101(2) | Criminal Mischief |
Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered + See moremust be made prior to the release of state jurisdiction over the person convicted
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No |
Modify previous order specifying the amount and manner of restitution. |
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North Dakota | N.D. Cent. Code § 12.1-32-08(4)(b) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
A defendant who is required to reimburse indigent defense costs and expenses as a condition of probation and who is not willfully in default in that reimbursement may at any + See moretime petition the court that imposed the condition to waive reimbursement of all or any portion of the costs and expenses. If the court is satisfied that reimbursement of the amount due will impose undue hardship on the defendant or the defendant's immediate family, the court may waive reimbursement of all or any portion of the amount due or modify the method of payment.
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All |
the amount due will impose undue hardship on the defendant or the defendant's immediate family |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
waived |
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New Jersey | N.J.Stat.Ann. § 2C:46-3 | Revocation of fine |
A defendant who has been sentenced to pay a fine may at any time petition the court which sentenced him for a revocation of the fine or of any unpaid + See moreportion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or the unpaid portion thereof in whole or in part.
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All |
"would be otherwise unjust to require payment" |
At defendant's request at enforcement | Not provided for | Not provided for | No |
revoke the fine in whole or in part |
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Virginia | Va. Code Ann. § 19.2-363 | Authority of Governor to grant relief from fines and penalties in case of deceased defendant |
provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor + See moremay remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children
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All |
would impose hardship upon the spouse or children |
At defendant's request at enforcement | Not provided for | Determined by judge after hearing | No |
remittance |
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Florida | Fla. Stat. §938.27(4) | Judgment for costs of prosecution and investigation |
Any dispute as to the proper amount or type of costs shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of + See morecosts incurred is on the state attorney. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.
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All |
Factors to be considered: Financial resources of the defendant and the financial needs of the defendant is on the defendant. |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Other | No |
Not specified |
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New York | N.Y. Crim. Proc. Law § 420.40 | Deferral of a mandatory surcharge; financial hardship hearings |
On an appearance date set forth in a summons issued pursuant to subdivision three of section 60.35 of the penal law, section eighteen hundred nine of the vehicle and traffic + See morelaw or section 27.12 of the parks, recreation and historic preservation law, a person upon whom a mandatory surcharge, sex offender registration fee or DNA databank fee was levied shall have an opportunity to present on the record credible and verifiable information establishing that the mandatory surcharge, sex offender registration fee or DNA databank fee should be deferred, in whole or in part, because, due to the indigence of such person the payment of said surcharge, sex offender registration fee or DNA databank fee would work an unreasonable hardship on the person or his or her immediate family.
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All |
an unreasonable hardship on the person or his or her immediate family |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Deferral |
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Alabama | Ala.Code 1975 § 12-23-18 | Alcohol and Drug Abuse Court Referral and Treatment Program: Waiver of fees |
Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Florida | Fla. Stat. §938.29(3), (5) | Legal assistance; lien for payment of attorney's fees or costs |
(3) The clerk of the circuit court within the county wherein the defendant-recipient was tried or received the services of a public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel, or received due process services after being found indigent for costs, shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section. A defendant-recipient or parent, liable to pay attorney's fees or costs and who is not in willful default in the payment thereof, may, at any time, petition the court which entered the order for deferral of the payment of attorney's fees or costs or of any unpaid portion thereof.
(5) The court having jurisdiction of the defendant-recipient shall, at such stage of the proceedings as the court may deem appropriate, determine the value of the services of the public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law. |
All | Not provided for | At defendant's request at enforcement | Not provided for | Determined by judge after hearing | No |
Delay payment |
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Alaska | Alaska Stat. Ann. § 12.55.051(c) | Enforcement of Fines and Restitution |
A defendant who has been sentenced to pay a fine or restitution may request a hearing regarding the defendant's ability to pay the fine or restitution at any time that the defendant is required to pay all or a portion of the fine or restitution. The court may deny the request if it has previously considered the defendant's ability to pay and the defendant's request does not allege changed circumstances. If, at a hearing under this subsection, the defendant proves by a preponderance of the evidence that the defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution, the court shall modify the order so that the defendant can pay the fine or restitution through good faith efforts. The court may reduce the fine ordered, change the payment schedule, or otherwise modify the order. The court may not reduce an order of restitution but may change the payment schedule.
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All |
"Defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution." |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Reduction of fine; modification of fee schedule; or any other modification the Court thinks appropriate. |
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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. §18-1.3-702(2);(4) | Monetary Payments - Due Process Required |
When the court imposes a sentence, enters a judgment, or issues an order that obligates a defendant to pay any monetary amount, the court shall instruct the defendant as follows: (a) If at any time the defendant is unable to pay the monetary amount due, the defendant must contact the court's designated official or appear before the court to explain why he or she is unable to pay the monetary amount. (b) If the defendant lacks the present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents, the court shall not jail the defendant for failure to pay. (4) For purposes of this section, a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support.
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All |
"The present ability to pay the monetary amount due without undue hardship to the defendant or the defendant's dependents"; "A defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."
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At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No | Not provided for |
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Massachusetts | Mass. Gen. Laws ch. 266, § 111B | Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer. |
Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
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All |
Payment would impose an undue financial hardship on defendant or his family. |
At defendant's request at enforcement | Not provided for | Determined by judge without hearing | No |
Remission from any payment of restitution or modify the amount, time or method of payment; |
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Massachusetts | Mass. Gen. Laws ch. 266, § 27A | Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers. |
In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.
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Felony |
A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents |
At defendant's request at enforcement | Not provided for | Determined by judge without hearing | No |
Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment. |
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Massachusetts | Mass. Gen. Laws ch. 266, § 29 | Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants. |
Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.
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Felony |
A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents |
At defendant's request at enforcement | Not provided for | Not provided for | No |
Court may modify amount, time or method of payment but not grant complete remission. |
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Massachusetts | Mass. Gen. Laws ch. 266, § 108 | Destroying Vessel to Defraud Owner or Insurer. |
A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment of restitution due will impose a substantial financial hardship on the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the time and method of payment.
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All |
Not provided for |
At defendant's request at enforcement | Not provided for | Not provided for | No |
May grant remission or modify time and method of payment. |
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Massachusetts | Mass. Gen. Laws ch. 266, § 108 | Destroying Vessel to Defraud Owner or Insurer. |
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution. If the defendant has made such good faith effort, the court may, upon motion of the defendant, modify the order requiring restitution by: (a) providing for additional time to make any payment in restitution; (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.
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All |
N/A |
At defendant's request at enforcement | Not provided for | Determined by judge after hearing | No |
Modify restitution order by providing for additional time to make any payment in restitution, reducing the amount of any payment in restitution or installment thereof, or granting a remission from any payment of restitution or part thereof.
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Missouri | Mo. Ann. Stat. § 558.008 | Revocation of a fine |
A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.
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All |
Unjust to require payment |
At defendant's request at enforcement | Not provided for | Not provided for | No |
Revocation of fine |
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New Hampshire | N.H. Rev. Stat. § 618:10 | Petition for Discharge |
Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner or the superintendent and satisfactory proof of such inability, may order the prisoner to be discharged upon such terms as they may think proper.
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All |
Not provided for |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Discharge from prison. |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1363 | Remission of a fine or costs |
A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of probation, or a prosecutor, may at any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case, the court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment.
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All |
Circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case.
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At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No |
Court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment |
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Oregon | Or. Rev. Stat. § 137.106(4)(a) | Restitution to victims; objections by defendant |
If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the defendant alleges and establishes to the satisfaction of the court the defendants inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.
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All |
Not provided for |
At defendant's request at enforcement | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Payment Plan |
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