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 (0)
- Alaska (0)
- Arizona (0)
- Arkansas (2)
- California (6)
- Colorado (0)
- (-) Connecticut (12)
- Delaware (1)
- Florida (2)
- Georgia (3)
- Hawaii (3)
- Idaho (2)
- Illinois (3)
- Indiana (8)
- Iowa (2)
- Kansas (3)
- Kentucky (6)
- Louisiana (1)
- Maine (2)
- Maryland (0)
- (-) Massachusetts (14)
- Michigan (1)
- Minnesota (0)
- Mississippi (1)
- Missouri (4)
- Montana (15)
- Nebraska (1)
- Nevada (0)
- New Hampshire (4)
- New Jersey (3)
- New Mexico (0)
- New York (1)
- North Carolina (0)
- North Dakota (9)
- Ohio (3)
- Oklahoma (1)
- Oregon (3)
- Pennsylvania (0)
- Rhode Island (0)
- South Carolina (9)
- South Dakota (0)
- Tennessee (3)
- Texas (4)
- Utah (1)
- Vermont (3)
- Virginia (5)
- Washington (3)
- Washington DC (3)
- West Virginia (9)
- Wisconsin (0)
- Wyoming (7)
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.
26 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
|
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.
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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 |
|
Add to Dashboard
|
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
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
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.
|
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 |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 111B | Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer. |
. . . Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.
|
Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
N/A |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 111B | Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer. |
. . . In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.
|
All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes | Not provided for |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 27A | Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers. |
Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.
|
Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
N/A |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 269, § 14(d) | False Reports Relative to Location of Explosives, etc., Penalized. |
. . . A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.
|
Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | Yes |
N/A |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 269, § 14B(b) | Willful and malicious communication of false information to public safety answering points; penalty |
Upon any conviction under this section, the court shall conduct a hearing to ascertain the extent of costs incurred, and damages and financial loss sustained by any emergency response services provider as a result of the violation and shall order the defendant to make restitution to the emergency response services provider or providers for any such costs, damages or loss. The court shall consider the defendant’s present and future ability to pay restitution in its determinations relative to the imposition of a fine. In determining the amount, time and method of payment of restitution, the court shall consider the defendant’s employment status, earning ability, financial resources, living expenses, dependents and any special circumstances that may have bearing on their ability to pay. The court may waive restitution or modify the amount, time or method of payment if such restitution payment would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents.
|
Felony |
A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents. |
Before imposition of fine or fee | Not provided for | Determined by judge after hearing | Yes |
Waive restitution or modify the amount, time or method of payment if such restitution payment |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 29 | Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants. |
Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of said subsection (a) of section twenty–eight, the amount of a fine imposed for a violation of said subsection (a) of section twenty–eight shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.
|
Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
N/A |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 266, § 29 | Theft of Motor Vehicle; Owner’s Complaint or Information; Restitution by Defendants. |
In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. |
Felony |
Not provided for |
Before imposition of fine or fee | Not provided for | Not provided for | Yes |
N/A |
|
Add to Dashboard
|
Massachusetts | Mass. Gen. Laws ch. 273, § 15A(5) | Child Born Out of Wedlock — Penalties; Fines; Alternative Sentencing; Restitution. |
In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant’s prior ability to have paid support.
|
All |
Not provided for |
Before imposition of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
Liability imposed consistent with defendant's prior ability to have paid support. |
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.