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	Kentucky	Ky. Rev. Stat. Ann. § 534.030(2)	Fines for felonies	(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to + See more pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 534.045(1)-(3)	Assessment of reimbursement fee against jail prisoners; collection; fee determination; relevant evidence; modification	(1) Pursuant to a conviction of a misdemeanor, including traffic offenses, where a person is sentenced to incarceration in the county jail, the District Court may assess a reimbursement fee + See more to help defray the expenses of the prisoner's room and board. The reimbursement fee shall not exceed twenty-five percent (25%) of the prisoner's gross daily wages or forty dollars ($40) per day, whichever is less. All moneys shall be paid directly to the jailer. (2) In determining whether a reimbursement fee as described in subsection (1) of this section is to be assessed, and in establishing the amount of the fee, the court shall consider evidence relevant to the prisoner's ability to pay the fee . . . (3) After considering all relevant evidence to the issue of the prisoner's ability to pay, the court shall enter as part of its judgment the amount of the reimbursement fee, if any, that shall be paid by the prisoner during his period of incarceration in the county jail. The fee shall bear a reasonable relationship to the person's income. Upon petition by the prisoner affected by the order, the amount may be modified to reflect any changes in the financial status of the prisoner. In any appeal that might be taken from the conviction, the amount of the reimbursement fee may be challenged.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 510.320(2)-(3),(6)	Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal	(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when + See more the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified. (3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services... (6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent.	All	Indigency	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 31.211(1)	Determination of ability to pay partial fee for representation and services at arraignment; collection of unpaid partial fee by civil judgment; partial fee credited to local office or department; funds + See more placed in special trust and agency account	At arraignment, the court shall conduct a nonadversarial hearing to determine whether a person who has requested a public defender is able to pay a partial fee for legal representation, + See more the other necessary services and facilities of representation, and court costs. The court shall order payment in an amount determined by the court and may order that the payment be made in a lump sum or by installment payments to recover money for representation provided under this chapter. This partial fee determination shall be made at each stage of the proceedings.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	If the court finds that an individual is unable to pay (is "needy") the court shall waive all costs, see Ky. Rev. Stat. Ann. § 31.110
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 24A.175	Court costs for criminal cases in District Court; payment required; exceptions; treatment of minor defendant	The taxation of court costs against a defendant, upon conviction in a case, including persons sentenced to state traffic school as provided under KRS 186.574, shall be mandatory and shall not + See more 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.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	Kentucky	Ky. Rev. Stat. Ann. § 441.265(5)	"Required reimbursement by prisoner of costs of confinement; local policy of fee and expense rates; billing and collection methods"	(5) The governing body of the county may require a prisoner who is confined in the county jail to pay a reasonable fee, not exceeding actual cost, for any medical + See more treatment or service received by the prisoner. However, no prisoner confined in the jail shall be denied any necessary medical care because of inability to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	N/A
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 604-A:9(I)	Repayment	I. Any adult defendant who has had counsel or a public defender assigned to the defendant at the expense of the state shall be ordered by the court under paragraph I-b + See more to repay the state through the unit of cost containment, the fees and expenses paid by the state on the defendant's behalf according to a schedule established by the administrator of the cost containment unit with the approval of the administrative justices of the courts on such terms as the court may order consistent with the defendant's present or future ability to pay, such ability to be determined by the unit of cost containment . . . At no time shall the defendant be required to repay, for legal services, an amount greater than the state's flat rate for a contract attorney as established contractually pursuant to RSA 604-B. If the defendant is placed on probation or sentenced to a period of conditional discharge, the defendant shall repay the state, through the department of corrections, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay.	All	Present or future ability to pay, as determined by the unit of cost containment.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Payment plan and reduced costs
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. Ann. § 516:16-a	Defaults; Witness Fees for Law Enforcement Officers	Any person who defaults on a scheduled court appearance on a motor vehicle offense shall be responsible for paying the current witness fee for any law enforcement officer required to + See more attend such appearance, unless the court determines that such person is indigent.	Traffic	Indigent	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not specified
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 604-A:2-c	Determination of Financial Ability	The determination of a defendant's financial ability to obtain counsel shall be made by comparing the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel. The + See more defendant's assets shall include all real and personal property owned in any manner by the defendant, excluding only those assets which are exempt from attachment and execution under RSA 511:2. The defendant's income shall include all income, whether earned or not, from any source, unless exempt from attachment under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents. In determining a defendant's financial ability to obtain counsel, the rules adopted by the commissioner under RSA 604-A:10, IV, shall contain a method for considering the defendant's ability to borrow some or all of the necessary funds. The rules shall also consider the possibility of the defendant paying his counsel fees in periodic installments.	All	Comparison of the defendant's assets and incomes with the minimum cost of obtaining qualified private counsel.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Installment plan
Add to Dashboard + Create New	New Hampshire	N.H. Rev. Stat. § 499:18-b	Waiver of Court Costs and Fees	Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which + See more are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.	All	Poverty	At defendant's request before imposition of fine or fee	Not provided for	Other	Yes	Fee waiver
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.19(B)(5)	Sentencing hearing	Before imposing a financial sanction under section 2929.18 of the Revised Code or a fine under section 2929.32 of the Revised Code, the court shall consider the offender's present and future ability to + See more pay the amount of the sanction or fine.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Likely no requirement to pay financial sanction
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2929.37(A)	Policy requiring prisoner to pay costs of confinement	The amount assessed under this section shall not exceed the total amount that the prisoner is able to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Likely no requirement to pay costs of confinement
Add to Dashboard + Create New	Ohio	Ohio Rev. Code § 2941.51(D)	Person represented shall pay for part of costs if able	The fees and expenses approved by the court under this section shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented + See more has, or reasonably may be expected to have, the means to meet some part of the cost of the services rendered to the person, the person shall pay the county an amount that the person reasonably can be expected to pay.	All	Not provided for.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	County will pay representation fees in-full or in part.

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