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.

Every law can be saved to the Reform Builder  

See all ability to pay policy recommendations in CJPP’s Policy Guide

State

Keyword search

Reset

Reset all filters

Timeline

Burden of proof

Method of determination

Mandatory

Narrrow results

Level of Offense

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.

4 Results

Export results to Excel

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Montana Mont. Code Ann. § 45-5-621(3) Nonsupport
If a defense to the charge of nonsupport is inability to pay, the person's inability must be the result of circumstances over which the person had no control. In determining
+ See more
ability to pay, after an allowance for the person's minimal subsistence needs, the support of a spouse, child, or other dependent has priority over any other obligations of the person.
 Misdemeanor, Felony Not provided for Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

This is a defense in a nonpayment case
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Montana Mont. Code Ann. § 45-6-101(2) Criminal Mischief
A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and
+ See more
amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.
 Misdemeanor Not provided for Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Determine amount of restitution accordingly.
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Montana Mont. Code Ann. § 46-1-1112(2) Funding [of drug treatment courts]
A drug offender shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a drug offender may not exceed $300 a month.
+ See more
The costs assessed must be compensatory and not punitive in nature and must take into account the drug offender's ability to pay. Upon a showing of indigency, the drug treatment court may reduce or waive costs under this subsection (2).
 Misdemeanor

Indigency

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

Waive or reduce fee
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

 Montana Mont. Code Ann. § 46-1-1212(2) Funding [of mental health treatment courts]
A participant shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a participant may not exceed $300 a month. The costs
+ See more
assessed must be compensatory and not punitive in nature and must take into account the participant's ability to pay. Upon a showing of indigency, the mental health treatment court may reduce or waive costs under this subsection.
 Misdemeanor

Indigency

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

Waive or reduce fee

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.