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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.
11 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. § 2A:158A-16 | services rendered - ability to pay |
In all cases where it appears that the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered + See moreto him he shall be required to reimburse the office, either by a single payment or in installments, in such amounts as he can reasonably be expected to pay; but no default or failure in the making of any such payment shall in any wise affect or reduce the rendering of the services to him.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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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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Tennessee | Tenn. Code Ann. § 39-13-101(b)(2) | Assault - Domestic Abuse |
if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as + See moredetermined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).
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Misdemeanor |
No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other mitigating and enhancing factors.
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Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Imposition of a lower fee |
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Tennessee | Tenn. Code Ann. § 39-13-102(e)(2) | Aggravated Assault - Domestic Abuse |
In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such + See morethat the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200).
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All |
No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other mitigating and enhancing factors.
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Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Imposition of a lower fee |
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Tennessee | Tenn. Code Ann. § 39-13-111(c)(5) | Domestic Assault - Additional Fee |
In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a + See morefine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225).
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All |
No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other mitigating and enhancing factors.
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Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Imposition of a lower fee |
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Tennessee | Tenn. Code Ann. § 39-17-428(d) | Fines and Penalties; Mandatory Minimums; Allocation |
(1) Unless the judge, using the applicable criteria set out in § 40-14-202(c), determines that a person convicted of violating this section is indigent, or that payment of the minimum + See morefine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.(2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.
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All |
No definition of ability to pay is provided. However, in imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other mitigating and enhancing factors.
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Not provided for | Burden on defendant to show inability to pay | Determined by judge after hearing | Yes |
Reduction or waiver of the fee |
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Tennessee | Tenn. Code Ann. § 41-2-128(5) | Prisoners who may apply for release -- Procedure. |
(5)(A) The judge shall, at the time of sentencing, cause the sentencing order to reflect the defendant's cost of incarceration and treatment and shall affix to the order, taking into + See moreconsideration the defendant's ability to pay, the time and manner in which the costs are to be paid. The court shall enter the necessary orders requiring that the costs of incarceration and treatment be paid or secured, including, but not limited to, orders of probation that include, as a condition thereof, the payment of costs covered by this subdivision (c)(5).(B) When a defendant alleges inability to pay pursuant to the terms set out by the order, the defendant may petition the court for modification as to the terms of payment. When it is determined that the defendant is unable to pay the entirety of the costs covered by this subdivision (c)(5) in the time and manner imposed by the court, any costs imposed against the defendant shall be pursuant to a schedule promulgated by the chief administrative officer of the county, or the officer's designee, with the schedule to be based upon the defendant's ability to pay the same.(C) In promulgating the schedule governing costs and the amount thereof to be paid by the defendant, the chief administrative officer of the county, or the officer's designee, shall consider the defendant's ability to pay and the disbursement schedule set forth in § 41-2-129 and shall incorporate payments ordered in this subsection (c) into the schedule.(D) In no event shall a person be denied access to this program or be denied discharge from incarceration as a result of that person's inability to pay.
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All | Not provided for | Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes |
Reduction or waiver of the fee |
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Tennessee | Tenn. Code Ann. § 8-21-401(m) | Fees for particular services |
(m) Indigent parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means + See moreof a pauper's oath, in accordance with Rule 29 of the Rules of the Tennessee Supreme Court.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
Not specified |
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Tennessee | Tenn. Code Ann. § 40-15-105(a)(2)(F) | Memoranda of Understanding |
(a)(2) Prosecution of the defendant shall not be suspended unless the parties in the memorandum of understanding also agree that the defendant observe one (1) or more of the following + See moreconditions during the period in which the prosecution is suspended: . . . (F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner based upon the defendant's ability to pay;
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All | Not provided for | Not provided for | Burden on defendant to show inability to pay | Not provided for | Yes |
Reduction or waiver of the fee |
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