Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

Ability to Pay

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.

Every law can be saved to the Reform Builder

See all ability to pay policy recommendations in CJPP’s Policy Guide

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.

16 Results

Export results to Excel

	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	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability + See more to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 111B	Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.	. . . 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 + See more on the defendant.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Not provided for
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 147(e)	Counterfeit Marks — Manufacture, Use or Display.	Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsection (b), be punished by a fine in an amount not to exceed three times + See more the retail value of the items bearing or of services identified by a counterfeit mark, unless extenuating circumstances are shown by the defendant.	Misdemeanor	Extenuating circumstances	Not provided for	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 27A	Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.	Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in + See more its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 269, § 14(d)	False Reports Relative to Location of Explosives, etc., Penalized.	. . . A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public + See more or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. 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.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 269, § 14B(b)	Willful and malicious communication of false information to public safety answering points; penalty	Upon any conviction under this section, the court shall conduct a hearing to ascertain the extent of costs incurred, and damages and financial loss sustained by any emergency response services + See more provider as a result of the violation and shall order the defendant to make restitution to the emergency response services provider or providers for any such costs, damages or loss. The court shall consider the defendant’s present and future ability to pay restitution in its determinations relative to the imposition of a fine. In determining the amount, time and method of payment of restitution, the court shall consider the defendant’s employment status, earning ability, financial resources, living expenses, dependents and any special circumstances that may have bearing on their ability to pay. The court may waive restitution or modify the amount, time or method of payment if such restitution payment would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents.	Felony	A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Waive restitution or modify the amount, time or method of payment if such restitution payment
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 29	Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants.	Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in + See more its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of said subsection (a) of section twenty–eight, the amount of a fine imposed for a violation of said subsection (a) of section twenty–eight shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 29	Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants.	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.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 273, § 15A(5)	Child Born Out of Wedlock — Penalties; Fines; Alternative Sentencing; Restitution.	In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department + See more of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant’s prior ability to have paid support.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Not provided for	Yes	Liability imposed consistent with defendant's prior ability to have paid support.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90, § 24D	Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances.	Each person placed in a program of driver alcohol or controlled substance abuse education and, if deemed necessary by the court, a program of alcohol or controlled substance abuse treatment, + See more rehabilitation, or alcohol or controlled substance abuse treatment and rehabilitation pursuant to this section shall pay directly to such program a fee in an amount to be determined by the department of public health . . . No person may be excluded from said program for inability to pay the stated fee, provided that such person files an affidavit of indigency or inability to pay with the court within ten days of the date of disposition, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of such fee when appropriate. Subject to appropriation, the department of public health shall reimburse each program for the costs of services provided to persons for whom payment of a fee has been waived on the grounds of indigency.	Traffic	Indigency; payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual.	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 90B, § 8(3)(B)	Operation of Vessel Under Influence of Liquor or Drugs; Water Skiing; Reckless Operation	The defendant shall pay for the cost of the services provided by the boating safety education course, the alcohol education or rehabilitation program, and the residential alcohol treatment program; however, + See more no person shall be excluded from said programs for inability to pay, provided that such person files an affidavit of indigency or inability to pay with the court, that investigation by the probation officer confirms such indigency or establishes that the payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.	Traffic	Cause a grave and serious hardship to such individual or to the family	At defendant's request before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Waiver, partial or installment payments of fee.
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 102D	Explosive or Destructive or Incendiary Device — Seizure; Restitution.	A person found guilty of violating sections 102 to 102C, inclusive, shall, in all cases, in addition to any other punishment, be ordered to make restitution to the local, county + See more or state government for any costs incurred, damages and financial loss sustained as a result of the commission of such offense. Restitution shall be imposed in addition to incarceration or fine; provided, however, that the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. 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.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 266, § 108	Destroying Vessel to Defraud Owner or Insurer.	The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant’s crime and may then + See more determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant’s present and future ability to make such restitution shall be considered.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	N/A
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 30	Default Warrants — Warrant for Forfeiting or Defaulting on Bail Bond or Recognizance — Fees.	Any person arrested on a warrant issued because such person has forfeited or defaulted on his bail bond or recognizance or has been surrendered by a probation officer shall be + See more required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected, unless the judge finds that such person is indigent or that such fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, in which case such person shall be required to perform one day of community service, unless the judge further finds that such person is physically or mentally unable to perform such service.	All	Indigent or that such fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	One day of community service
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 276, § 92A	Restitution in cases involving motor vehicle theft or fraudulent claims	Restitution shall be imposed in addition to incarceration or fine, but not in lieu thereof. In an extraordinary case such as indigency, the court may determine that the interests of + See more the victim and justice would not be served by ordering restitution. In such a case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which militated against the imposition of restitution. The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant’s crime. The court may then determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant’s present and future ability to make such restitution shall be considered. 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 cause a substantial financial hardship to the defendant, 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. 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 a good faith effort to make restitution, 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.	All	Indigency; a substantial financial hardship to the defendant, the defendant’s immediate family or the defendant’s dependents; modify the order requiring restitution by (a) providing for additional time to make any payment in restitution; + See more (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not order restitution; remission from any payment of restitution, or modification the amount, time or method of payment;
Add to Dashboard + Create New	Massachusetts	Mass. Gen. Laws ch. 211D, § 2	Indigency; definition, standards and procedures for determination	The committee for public counsel services shall establish a definition of “indigency” for the purposes of this chapter and uniform standards and procedures for the determination by the courts of + See more the commonwealth that: (1) a person is indigent and is unable to obtain counsel or (2) a person is indigent, but has the ability to pay a reduced fee for the appointment of counsel. The definition and standards, and any amendments thereto, shall be subject to the approval of the supreme judicial court and shall be used by the courts of the commonwealth in determining assignment of cases to the committee pursuant to section 5.	All	N/A	Not provided for	Not provided for	Not provided for	Yes	N/A

Ability to Pay

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense

Ability to Pay

State

Keyword search

Reset

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense