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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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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Wyoming Wyo. Stat. Ann. § 7-9-102 Order to pay upon conviction

In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined

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under W.S. 7 9 103 and 7 9 114 unless the court specifically finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay.

All

Not provided for

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

Restituion not ordered

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Wyoming Wyo. Stat. Ann. § 7-6-106 Determination of need; reimbursement for services

(a) The determination of whether a person covered by W.S. 7 6 104 is a needy person shall be deferred until his first appearance in court or in a suit

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for payment or reimbursement under W.S. 7 6 108, whichever occurs earlier. Thereafter, the court shall determine, with respect to each proceeding, whether he is a needy person. For purposes of this section, an appeal, probation revocation or proceeding to correct or modify a sentence is a separate proceeding. The determination of need shall be based on a separate application submitted at the time of each proceeding.

(b) In determining whether a person is a needy person and in determining the extent of his inability to pay, and, in the case of an unemancipated minor, the inability to pay of his custodial parent or another person who has a legal obligation of support, the court shall consider the standards set forth in Rule 44(d), Wyoming Rules of Criminal Procedure. Release on bail does not necessarily prevent a person from being determined to be needy. In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, the material factors relating to his ability to pay as the court prescribes.

(c) In every case in which a person has received services under W.S. 7 6 104, the presiding judge shall determine whether the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any funds towards payment of part or all of the cost associated with such services. If the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is not able to provide any funds towards payment of costs, the court shall enter a specific finding on the record. If the court determines the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any amount as reimbursement, the court shall order the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, to reimburse the state for all or part of the costs of the services provided or shall state on the record the reasons why an order for reimbursement was not entered. Where a person is initially provided with counsel pursuant to W.S. 7 6 105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided. All reimbursements under this act shall be made through the clerk of court.

(d) The state public defender shall report in the agency's annual report concerning: (i) The number of cases by court in which an attorney was appointed to represent a person at public expense under this act during the preceding calendar quarter; (ii) For each case in which an attorney was appointed, whether the court ordered reimbursement under this section or, if reimbursement was not ordered, whether the court complied with subsection (c) of this section; (iii) For the guardian ad litem program, the number of cases, the amount of monies expended and the amounts of reimbursements from participating counties.

(e) If the court orders release on bail pending trial or appeal, probation before sentence, suspended sentence or probation, the court shall order the needy person as a condition of bail, sentence or probation to repay the state for expenses and services provided by appointed attorneys pursuant to the state public defender's standard fee schedule if the court determines the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.

All

Wyo. R. Crim. P. 44(d): In making a determination of eligibility, the judicial officer shall consider: (1) The probable cost of representation given the number and severity of the offenses

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charged and the factual and legal complexity of the case. (2) The defendant's income from all sources and the defendant's capacity to earn income. (3) The expenses of the defendant's household and whether a spouse or roommate contributes or ought to contribute to those expenses. (4) The defendant's responsibility for the support of others. (5) The defendant's assets whether held individually or with others. (6) The defendant's debts and the periodic payments due on the debts. (7) The defendant's capacity to borrow money. Uncertainty as to a defendant's eligibility for appointed counsel should be resolved in the defendant's favor. An erroneous determination of eligibility may be corrected at any time.

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

N/A

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Wyoming Wyo. Stat. Ann. § 7-9-103(c) Determination of amount owed; execution

The court shall order the defendant to pay all or part of the restitution claimed or shall state on the record specific reasons why an order for restitution was not

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entered. If the court determines that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay in the future, the court shall enter specific findings in the record supporting its determination.

All Not provided for Before imposition of fine or fee Not provided for Determined by judge without hearing Yes Not provided for
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Wyoming Wyo. Stat. Ann. § 7-11-505 Payment of costs of prosecution

Payment of the costs of prosecution may be added to and made a part of the sentence in any felony or misdemeanor case if the court determines that the defendant

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has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.

All

Not provided for

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

Payment of the costs of prosecution not added to and made a part of the sentence in any felony or misdemeanor case

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Wyoming Wyo. Stat. Ann. § 7-13-109(a) Payment of jail costs by inmate

(a) In addition to any other punishment prescribed by law, the sentencing court may require a person sentenced to confinement in county jail, for any offense, to pay the jail

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facility the costs of room and board for each day of incarceration, both before and after conviction. The costs for room and board for each day of incarceration shall be an amount equal to the actual cost of the services as determined by the county sheriff. The cost of the services shall be paid to all jail facilities where the inmate may have been held before and after conviction. The costs shall not be assessed if:

(i) The court finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay; or

(ii) In the judgment of the court, the costs would impose a manifest hardship on the inmate, or the property of the inmate is needed for the maintenance and support of the inmate's family.

All

Costs would impose a manifest hardship on the inmate, or the property of the inmate is needed for the maintenance and support of the inmate's family

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

Costs for room and board for each day of incarceration not imposed.

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Wyoming Wyo. Stat. Ann. § 1-40-119(c) Surcharge to be assessed in certain criminal cases; paid to account

Under no circumstances shall a court fail to impose the surcharge required by subsections (a) and (b) of this section if the court determines the defendant has an ability to

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pay or that a reasonable probability exists that the defendant will have an ability to pay.

All

Not provided for

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

Surcharge not imposed

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Wyoming Wyo. Stat. Ann. § 7-13-1616 Surcharge to be assessed in certain criminal cases; paid to account Currentness

(c) The court may waive the surcharge if the person is unable to pay the surcharge or for any other good cause shown. The court shall consider all other financial

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obligations imposed on the defendant and set the surcharge so as not to create an undue financial burden on the defendant.

All

Undue financial burden on the defendant

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

Surcharge waiver, modification of surcharge.