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
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Maine Me. Rev. Stat. tit 17-A §1807(7) Conditions of probation

7. Electronic monitoring and substance testing fees; determination of amount by court; failure to pay; use of fees. Upon the request of the Department of Corrections, the court shall attach as

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a condition of probation that the person pay, through the department, an electronic monitoring fee, a substance testing fee or both, as determined by the court, for the term of probation. In determining the amount of the fees, the court shall take into account the financial resources of the person and the nature of the burden the payment imposes. A person may not be sentenced to imprisonment without probation solely for the reason the person is not able to pay the fees. 

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Financial resources and nature of burden

Before imposition of fine or fee Not provided for Not provided for Yes

Reduced fine

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Maine Me. R. of Unified Crim. P. 44(b) Right to and Assignment of Counsel

(b) Determination of Indigency. The court shall determine whether a defendant has sufficient means with which to employ counsel and in making such determination may examine the defendant under oath concerning

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the defendant's financial resources. A defendant does not have sufficient means with which to employ counsel if the defendant's lack of resources effectively prevents the defendant from retaining the services of competent counsel. In making its determination the court shall consider the following factors: the defendant's income, the defendant's credit standing, the availability and convertibility of any assets owned by the defendant, the living expenses of the defendant and the defendant's dependents, the defendant's outstanding obligations, the financial resources of the defendant's parents if the defendant is an unemancipated minor residing with his or her parents, and the cost of retaining the services of competent counsel.

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sufficient means with which to employ counsel

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Court appointed counsel free of costs

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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

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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

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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.

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Not provided for

Before imposition of fine or fee Not provided for Not provided for Yes

Likely no requirement to pay costs of confinement

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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

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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.