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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Vermont Vt. Stat. Ann. tit. 13 § 7180(c)(3),(4)(C) Remedies for failure to pay fines, costs, surcharges, and penalties

(c) Civil contempt proceeding. (3) Hearing. --  The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant

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to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.

(4)(C)  If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may: (i)  suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; (ii)  order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.

All

Not provided for

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title;

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order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.

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Vermont Vt. Stat. Ann. tit. 13 § 2022 Bad checks

A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned

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for not more than one year or fined not more than $ 1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $ 5.00, if it is established that the defendant has the ability to pay.

Misdemeanor

Not provided for

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

No restitution or service charge ordered

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Vermont Vt. Stat. Ann. tit. 13 § 7043(d)(2),(e)(1) Restitution

(d) In awarding restitution, the Court shall make findings with respect to: . . . (2) The offender's current ability to pay restitution, based on all financial information available to

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the Court, including information provided by the offender.

(e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. 

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Payment plan

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Vermont Vt. Stat. Ann. tit. 13 § 5238(b) Co-payment and reimbursement orders

(b)  The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or

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her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $ 50.00.

(f)  A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.

All

Manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require

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

Not having to pay the cost or minimum fee for representation; court may remit all or part of the amount due or modify the method of payment.

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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
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upon the defendant's ability to pay.
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
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his 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.
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
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program 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.
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
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the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
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,
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or both, based upon the defendant's ability to pay.
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
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the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
All

Indigence

Before imposition of fine or fee Not provided for Other Yes

exemption from payment of fees