50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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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See all ability to pay policy recommendations in CJPP’s Policy Guide
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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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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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Washington DC | DC ST § 16-711 (b) | Restitution or reparation |
(b) When restitution or reparation is ordered, the court shall take into consideration the number of victims, the actual damage of each victim, the resources of the defendant, the defendant's + See moreability to earn, any obligation of the defendant to support dependents, and other matters as pertain to the defendant's ability to make restitution or reparation.
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All |
"… the court shall take into consideration… resources of the defendant, the defendant's ability to earn, any obligation of the defendant to support dependents…" |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes | Not provided for |
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Washington DC | DC ST § 11-2604 (f) | Payment for representation |
(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, such person may do so without prepayment of fees + See moreand costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Other | Yes |
May proceed without prepayment of fees |
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Washington DC | DC ST § 23-106 | Witnesses for defense; fees |
The court shall order at any time that a subpoena be issued for service upon a named witness on behalf of a defendant if the defendant makes an application for + See moresuch an order and makes a satisfactory showing that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the prosecuting authority.
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All | Not provided for | At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
Subpoena and witness fees will be paid by government |
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.
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