Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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.
Every law can be saved to the Reform Builder
See all ability to pay policy recommendations in CJPP’s Policy Guide
State
- (-) Alabama (2)
- Alaska (1)
- Arizona (0)
- Arkansas (6)
- California (49)
- Colorado (5)
- Connecticut (14)
- Delaware (1)
- Florida (10)
- Georgia (5)
- Hawaii (6)
- Idaho (2)
- Illinois (6)
- Indiana (9)
- Iowa (4)
- Kansas (3)
- Kentucky (8)
- Louisiana (2)
- Maine (3)
- Maryland (0)
- Massachusetts (16)
- Michigan (9)
- Minnesota (1)
- Mississippi (6)
- Missouri (5)
- Montana (21)
- Nebraska (4)
- Nevada (3)
- New Hampshire (9)
- New Jersey (4)
- New Mexico (1)
- New York (5)
- North Carolina (0)
- North Dakota (10)
- Ohio (5)
- Oklahoma (5)
- Oregon (6)
- Pennsylvania (5)
- Rhode Island (1)
- South Carolina (12)
- South Dakota (1)
- Tennessee (7)
- Texas (6)
- Utah (2)
- Vermont (4)
- (-) Virginia (6)
- Washington (3)
- Washington DC (3)
- West Virginia (11)
- Wisconsin (1)
- Wyoming (12)
Keyword search
Reset
Reset all filtersTimeline
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.
8 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 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Alabama | Ala.Code 1975 § 12-23-7 | Drug testing program |
Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay for treatment or monitoring provided by court referral officers.
|
All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
|
Add to Dashboard
|
Alabama | Ala.Code 1975 §15-22-2(a)(1) | Payment of costs of supervision. |
(a)(1) Any person who is placed on parole by the Board of Pardons and Paroles or any person who is granted probation by a court of competent jurisdiction and who is subject to supervision by the Board of Pardons and Paroles and who has an income shall be required to contribute forty dollars ($40) per month toward the cost of his or her supervision and rehabilitation beginning 30 days from the date he or she has an income. The sum shall be deducted by the parolee or probationer from his or her monthly income and delivered to the Board of Pardons and Paroles each month for deposit in the General Fund of the State Treasury. By prior agreement between an employer and employee, an employer may deduct forty dollars ($40) from the monthly net earned income of the parolee or probationer and remit the amount to the Board of Pardons and Paroles each month. The responsibility of assuring the contribution shall remain that of the parolee or probationer. Exemptions from payments required by this section may be granted for undue hardship on a case by case basis by the sentencing court in probation and the Board of Pardons and Paroles in parole cases.
|
Misdemeanor, Felony |
Undue hardship |
Not provided for | Not provided for | Not provided for | Yes |
Exemption from payment |
|
Add to Dashboard
|
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.
|
All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Not specified |
|
Add to Dashboard
|
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.
|
All |
unreasonable hardship |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
exemption from payment of fees |
|
Add to Dashboard
|
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.
|
All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
sliding scale fee structure |
|
Add to Dashboard
|
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.
|
All |
Indigence |
Before imposition of fine or fee | Not provided for | Other | Yes |
exemption from payment of fees |
|
Add to Dashboard
|
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.
|
Felony | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
|
Add to Dashboard
|
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.
|
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.