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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.
10 Results
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 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. |
All |
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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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 |
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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 morethe participation fee must be waived.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver |
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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 morefor enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waived or reduced |
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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 moreProcedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver |
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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 morethe 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.
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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 |
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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 moreThe regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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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 moremonitoring. The regular monitoring fee must be determined by the department based upon the ability of the person to pay.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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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 morefee 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.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
not specified |
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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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