Ability to Pay

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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.

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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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 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

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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
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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

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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.
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 Texas Tex. Code Crim. Proc. Art. 37.073 Repayment of Rewards

(a) After a defendant has been convicted of a felony offense, the judge may order a defendant to pay a fine repaying all or part of a reward paid by a

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crime stoppers organization.

(b) In determining whether the defendant must repay the reward or part of the reward, the court shall consider: (1) the ability of the defendant to make the payment and the financial hardship on the defendant to make the required payment; and (2) the importance of the information to the prosecution of the defendant as provided by the arresting officer or the attorney for the state with due regard for the confidentiality of the crime stoppers organization records.

 Felony

Not provided for

 Before imposition of fine or fee Not provided for Other Yes

Nonpayment or partial payment/
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 Texas Tex. Code Crim. Proc. Art. 42A.452 Treatment, Specialized Supervision, or Rehabilitation

On a finding that the defendant is financially able to make payment, the judge shall require the defendant to pay a reimbursement fee for all or part of the reasonable

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and necessary costs of the treatment, supervision, or rehabilitation.

 Felony

Not provided for

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

None specified
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 Texas Tex. Code Crim. Proc. Art. 42A.303(f) Substance Abuse Felony Program

In establishing the amount of a fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. The judge may not:

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(1) establish the fee in an amount that is greater than 25 percent of the defendant's gross income while the defendant is a participant in residential aftercare; or (2) require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.

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N/A

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

N/A
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 Texas Tex. Code Crim. Proc. Art. 26.05(g) Compensation of Counsel Appointed to Defend

If the judge determines that a defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the

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defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, the judge shall order the defendant to pay during the pendency of the charges or, if convicted, as a reimbursement fee the amount that the judge finds the defendant is able to pay.

 All

Not provided for

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

Pay only attorney fee that defendant can afford to pay.

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.