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

State

Keyword search

Reset

Reset all filters

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense

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.

7 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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Missouri Mo. Ann. Stat. § 479.260(1) Court costs and fees, judicial education fund, purpose, administration

Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020 for each municipal ordinance violation case filed before a municipal judge, and in

+ See more
the event a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs. 

 All

Indigent

 Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Fees not assessed.
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Missouri Mo. Ann. Stat. § 600.090(1) Determination of ability to pay all or part of representation costs--lien for reasonable value of services, procedure--deposit of funds collected

If a person is determined to be eligible for the services provided by the state public defender system and if, at the time such determination is made, he is able

+ See more
to provide a limited cash contribution toward the cost of his representation without imposing a substantial hardship upon himself or his dependents, such contribution shall be required as a condition of his representation by the state public defender system.

 All

Able to provide limited cash contribution without imposing substantial hardship upon himself or his dependents.

 Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Payment of total costs of representation
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Missouri Mo. Rev. Stat. § 479.260(2) Court costs and fees, judicial education fund, purpose, administration

In municipal ordinance violation cases which are filed in the associate circuit division of the circuit court, fees shall be assessed in each case in an amount to be set

+ See more
pursuant to sections 488.010 to 488.020. In the event a defendant pleads guilty or is found guilty, the judge shall assess costs against the defendant except in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.

 All

Indigent and unable to pay the costs

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

Costs not assessed.
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Missouri Mo. Ann. Stat. § 558.004(1) Imposition of fines

In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view

+ See more
of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him or her from making restitution or reparation to the victim of the offense.

 All

Financial resources and burden caused by fine.

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

Fine proportional to defendant's resources
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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
BS-+-Light-Rounded-Square
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.

The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.

For more information, please visit cjpp.law.harvard.edu.