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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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