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	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.
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 16-3-2040(C)	Restitution for victims of trafficking	(C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to Section 16-3-1270.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	not specified
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 17-22-350(A)	Fees; waiver; distribution of fee proceeds	Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and + See more the participation fee must be waived.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	waiver
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 17-22-550	Fees; waiver	However, participation in an alcohol education program may not be denied due to a person's inability to pay these fees. If a person is deemed unable to pay, the fees + See more for enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	waived or reduced
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 17-25-150(B)	Responsibilities of program; mandatory community penalty plan provisions; limitation upon use of funds	(B) Every community penalty plan must include the following:....(4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency. + See more Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	waiver
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 24-21-80	Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service	The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by + See more the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual.	All	exceptional circumstances exist such that these payments work a severe hardship on the individual.	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	partial or total exemption
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 24-21-80	Probationers and parolees to pay supervision fee; intensive supervision fee; hardship exemption; delinquencies; substitution of public service	An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. + See more The regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	not specified
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 24-21-100(B)	Administrative monitoring when fines outstanding; fee	(B) An individual placed on administrative monitoring shall pay a regular monitoring fee toward offsetting the cost of his administrative monitoring for the period of time that he remains under + See more monitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	not specified
Add to Dashboard + Create New	South Carolina	S.C. Code Ann. § 24-21-480	Restitution Center program; distribution of offenders' salaries	The offender must deliver his salary to the restitution center staff who must distribute it in the following manner: 4) payment of a daily fee for housing and food. This + See more fee may be set by the department with the approval of the Department of Administration. The fee must be based on the offender's ability to pay not to exceed the actual costs.	All	Not provided for	Before imposition of fine or fee	Not provided for	Administrative decision	Yes	not specified
Add to Dashboard + Create New	South Carolina	S.C. Code Ann § 16-25-20(G)	Acts prohibited; penalties	The offender shall pay a reasonable fee, if required, for participation in the program but no person may be denied participation due to inability to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	not specified

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