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.
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See all ability to pay policy recommendations in CJPP’s Policy Guide
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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.
14 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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Arkansas | Ark. Code Ann. § 5-4-303(f) | Conditions of Suspension or Probation |
(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution. (2) After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid if by periodic payments; and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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Arkansas | Ark. Code Ann. § 5-4-303(g)(2)(B) | Conditions of Suspension or Probation |
The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay. |
All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
Waiver/Reduction of Fee. |
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Connecticut | Conn. Gen. Stat. § 54-56i(g) | Pretrial drug education and community service program. |
No person may be excluded from any such program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or + See moreinability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. The court may waive all or any portion of such fee depending on such persons ability to pay. If the court finds that a person is indigent or unable to pay for a substance abuse treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
costs of such program shall be paid from the pretrial account |
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Connecticut | Conn. Gen. Stat. § 17a-696(e) | Order for suspension of prosecution and treatment for alcohol or drug dependency. |
. . . (4) the accused person, unless such accused person is indigent, has paid to the clerk of the court an administration fee of twenty-five dollars. |
All |
indigent |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver of fee |
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Connecticut | Conn. Gen. Stat. § 17a-696(e) | Order for suspension of prosecution and treatment for alcohol or drug dependency. |
The accused person shall, unless indigent, pay the cost of treatment ordered under this section. |
All |
indigent |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
waiver of cost of treatment |
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Connecticut | Conn. Gen. Stat. § 54-56e(e) | Accelerated pretrial rehabilitation |
. . . No person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 54-56g(g) | Pretrial alcohol education program (victim impact panel program fees) |
. . . provided such organization shall offer a hardship waiver when it has determined that the imposition of a fee would pose an economic hardship for such person. |
All |
economic hardship |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
hardship waiver |
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Connecticut | Conn. Gen. Stat. § 54-56g(c) | Pretrial alcohol education program |
. . . No person may be excluded from either program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid from the pretrial account established under section 54-56k. If the court finds that a person is indigent or unable to pay for an intervention program, the court may waive all or any portion of the fee for such intervention program.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
costs of such program shall be paid from the pretrial account |
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Connecticut | Conn. Gen. Stat. § 54-56j(f) | Pretrial school violence prevention program. |
. . . no student shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such student files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 54-125f(d) | Pilot zero-tolerance drug supervision program. |
. . . if the participant is determined to be indigent, based upon financial affidavits, the Board of Pardons and Paroles shall pay the cost of the test |
All |
indigent, based upon financial affidavits |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
Department of Correction shall pay the cost |
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Connecticut | Conn. Gen. Stat. § 46b-38c(i) | Pretrial family violence education program; fees. |
. . . no person shall be excluded from such program for inability to pay any such fee, provided (1) the person files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying fees |
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Connecticut | Conn. Gen. Stat. § 18-100e(d) | Pilot zero-tolerance drug supervision program (urinalysis fee) |
(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such persons expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Department of Correction shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test.
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All |
indigent, based upon financial affidavits |
Before imposition of fine or fee | Not provided for | Administrative decision | Yes |
Department of Correction shall pay the cost |
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Connecticut | Conn. Gen. Stat. § 53a-28(c) | Authorized sentences. |
. . . In determining the appropriate terms of financial restitution, the court shall consider: (A) The financial resources of the offender and the burden restitution will place on other obligations of the offender; (B) the offenders ability to pay based on installments or other conditions; (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (D) other circumstances, including the financial burden and impact on the victim, that the court determines make the terms of restitution appropriate. If the court determines that the current financial resources of the offender or the offenders current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms.
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All |
current financial resources of the offender or the offenders current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
The court may forgo setting restitution |
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Connecticut | Conn. Gen. Stat. § 53a-39c(b) | Community service labor program. |
. . . no person may be excluded from such program for inability to pay such fee, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof.
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All |
indigency |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
admission to program without paying 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.