50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Ability to Pay
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- Washington DC (3)
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- Wyoming (12)
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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.
12 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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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 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 and necessary costs of the treatment, supervision, or rehabilitation.
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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: (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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All |
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. 43.03(c) | Payment of Fine |
A court may not order a defendant confined under Subsection (a) of this article unless the court at a hearing makes a written determination that:(1) the defendant is not indigent and has failed to make a good faith effort to discharge the fines and costs; or (2) the defendant is indigent and: (A) has failed to make a good faith effort to discharge the fines and costs under Article 43.09(f); and (B) could have discharged the fines and costs under Article 43.09 without experiencing any undue hardship.
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All |
For the purpose of establishing a right to representation by counsel, “indigent” means a person who is not financially able to employ counsel: Tex. Code Crim. Proc. art. 1.051. |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | Yes |
None specified |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(i) | Violation of Conditions of Community Supervision; Detention and Hearing |
(i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay compensation paid to appointed counsel, community supervision fees, or court costs, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.
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All |
Not provided for |
At enforcement of fine or fee | Burden on government to show ability to pay | Determined by judge after hearing | Yes |
None specified |
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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 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.
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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. |
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Virginia | Va. Code Ann. § 19.2-299.2(C) | Local alcohol safety action program - ability to pay |
If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based + See moreupon the defendant's ability to pay.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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Virginia | Va. Code Ann. § 53.1-150.1 | Substance abuse treatment as condition of parole - exemptions |
Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon + See morehis ability to pay, as established pursuant to regulations promulgated by the Board of Corrections. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
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All |
unreasonable hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
exemption from payment of fees |
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Virginia | Va. Code Ann. § 18.2-57.3(D) | Education/treatment program sliding scale fee structure |
The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the + See moreprogram or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
sliding scale fee structure |
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Virginia | Va. Code Ann. § 18.2-251 | Program costs - ability to pay |
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See morethe screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
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All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
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Virginia | Va. Code Ann. § 18.2-251.01(A) | Education fee - based upon ability to pay |
The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component, + See moreor both, based upon the defendant's ability to pay.
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Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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Virginia | Va. Code Ann. § 18.2-258.1(H) | Program costs - indigency |
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of + See morethe screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
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All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
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.