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.
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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.
6 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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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 + See moreor 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.
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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 + See moreof 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.
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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 + See moreassessment on the defendant's dependents.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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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 pay the amount of the sanction or fine.
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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. |
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 |
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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 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.
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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. |
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