Data Explorer: Ability to pay | 50 State Criminal Justice Debt Tool

Ability to Pay

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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
Add to Dashboard + Create New	Connecticut	Conn. Gen. Stat. § 53a-30(e)	Conditions of probation and conditional discharge.	If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs.	All	indigent and unable to pay the costs	At enforcement of fine or fee	Not provided for	Not provided for	Yes	The court shall waive such costs
Add to Dashboard + Create New	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 more 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. 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 + Create New	Connecticut	Conn. Gen. Stat. § 54-151	Cost of transcript and printing on appeal.	In any appeal in a criminal action, where it appears to the trial court that the accused is without funds with which to defray the costs of securing a transcript + See more of the evidence, or printing the briefs and the appendices to the briefs, such costs shall be defrayed by the state.	All	"without funds with which to defray the costs"	At enforcement of fine or fee	Not provided for	Not provided for	Yes	costs shall be defrayed by the state
Add to Dashboard + Create New	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 + Create New	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 + Create New	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 + See more 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 + Create New	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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	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 + See more 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 + Create New	Michigan	Mich. Comp. Laws § 791.225a	Projected income and financial resources	(3) In determining the amount of the fee, the department shall consider the offender's projected income and financial resources. . . . (6) If a person has not paid the + See more full amount of a supervision fee upon being discharged from probation, or upon termination of the period of delayed sentence for a person subject to delayed sentence, the department shall review and compare the actual income of the person during the period of probation or delayed sentence with the income amount projected when the supervision fee was ordered. If the department determines that the person's actual income did not equal or exceed the projected income, the department shall waive any unpaid amount in excess of the total amount that the person would have been ordered to pay if the person's income had been accurately projected, unless the court order states that a higher amount was ordered due to available assets or other financial resources.	All	Not provided for	Not provided for	Not provided for	Administrative decision	Yes	Not specified
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 780.794(12)	Juvenile probation	(12) Subject to subsection (18), a juvenile who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time + See more petition the court to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the juvenile or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment.	All	Not provided for	Not provided for	Not provided for	Other	Yes	Not specified
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 780.794(14)	Juvenile probation	(14) Notwithstanding any other provision of this section, a juvenile shall not be detained or imprisoned for a violation of probation or parole or otherwise for failure to pay restitution + See more as ordered under this section unless the court determines that the juvenile has the resources to pay the ordered restitution and has not made a good faith effort to do so.	All	Not provided for	Not provided for	Not provided for	Other	Yes	Not specified
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 780.794(15)	Juvenile probation	(15) If the court determines that the juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an + See more opportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. . .	All	Not provided for	Not provided for	Not provided for	Other	Yes	Not specified
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 780.794(16)	Juvenile probation	(16) If the court orders a parent to pay restitution under subsection (15), the court shall take into account the parent's financial resources and the burden that the payment of + See more restitution will impose	All	Not provided for	Not provided for	Not provided for	Other	Yes	Not specified
Add to Dashboard + Create New	Michigan	Mich. Comp. Laws § 780.794(17)	Juvenile probation	(17) A parent who has been ordered to pay restitution under subsection (15) may petition the court for a modification of the amount of restitution owed by the parent or + See more for a cancellation of any unpaid portion of the parent's obligation. The court shall cancel all or part of the parent's obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim.	All	Not provided for	Not provided for	Not provided for	Other	Yes	Not specified

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