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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Nebraska Neb. Rev. Stat. § 29-2206(1)(a),(2) Fine and costs; commitment until paid; installments; deduction from bond; suspension or revocation of motor vehicle operator's license

(1) (a) In all cases in which courts or magistrates have now or may hereafter have the power to punish offenses, either in whole or in part, by requiring the offender

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to pay fines or costs, or both, such courts or magistrates may make it a part of the sentence that the party stand committed and be imprisoned in the jail of the proper county until the fines or costs are paid or secured to be paid or the offender is otherwise discharged according to law if the court or magistrate determines that the offender has the financial ability to pay such fines or costs. The court or magistrate may make such determination at the sentencing hearing or at a separate hearing prior to sentencing. A separate hearing shall not be required. In making such determination, the court or magistrate may consider the information or evidence adduced in an earlier proceeding pursuant to section 29-3902, 29-3903, 29-3906, or 29-3916. At any such hearing, the offender shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following such hearing and prior to imposing sentence, the court or magistrate shall determine the offender’s financial ability to pay the fines or costs, including his or her financial ability to pay in installments under subsection (2) of this section.

(2) If the court or magistrate determines, pursuant to subsection (1) of this section, that an offender is financially unable to pay such fines or costs in one lump sum but is financially capable of paying in installments, the court or magistrate shall make arrangements suitable to the court or magistrate and to the offender by which the offender may pay in installments. The court or magistrate shall enter an order specifying the terms of such arrangements and the dates on which payments are to be made. 

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Not provided for

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Payment in installments.

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New Jersey N.J. Stat. Ann. § 2C:44-2 Criteria for imposing fines
a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if: (1) The defendant has derived a pecuniary gain from the offense
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or the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender; (2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and (3) The fine will not prevent the defendant from making restitution to the victim of the offense... c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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New Jersey N.J. Stat. Ann. § 2C:44-2 Criteria for imposing restitution
b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if: (1) The victim, or in the case
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of a homicide, the nearest relative of the victim, suffered a loss; and (2) The defendant is able to pay or, given a fair opportunity, will be able to pay restitution. c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. (2) In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant, including the defendant's likely future earnings, and shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay. The court shall not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board, but shall order the defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board. If restitution to more than one person is set at the same time, the court shall set priorities of payment.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes Not provided for
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New Jersey N.J. Stat. Ann. § 2C:43-3.1 defendant's ability to pay
In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the
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assessment on the defendant's dependents.
All Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Not specified